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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V. KUNHIKRISHNAN
Manaf S/o Muhammad – Appellant
Versus
Sub Inspector of Police, Kambalakkad Police Station – Respondent
| Table of Content |
|---|
| 1. factual background of the cases. (Para 2 , 3 , 4) |
| 2. limited jurisdiction under section 482 cr.p.c. (Para 6 , 7) |
| 3. interpretation of section 319 cr.p.c. (Para 8 , 9) |
| 4. issues related to functus officio principle. (Para 10 , 11) |
| 5. court's reasoning on the inconsistency of orders. (Para 12 , 13 , 14) |
| 6. final directions and conclusions of the case. (Para 15) |
ORDER :
1. These two criminal miscellaneous cases are connected and therefore I am disposing of these cases by a common order.
2. First, I will narrate the facts in Crl.M.C. No.4291/2017. Petitioners herein are aggrieved by the order dated 04.05.2017 in Crl.R.P. No.17/2016 whereby the Sessions Judge, Kalpetta, Wayanad confirmed the order of the Judicial First Class Magistrate Court-II, Mananthavady in Crl.M.P. No.1701/2016 in C.C. No.256/2009. It is a case charge sheeted by the Police against six persons alleging offences punishable under Sections 143 , 147 and 323 read with Section 149 IPC. Annexure-A is the FIR and Annexure-B is the FI Statement in the above case. As per the final report filed based on Annexures A and B FIR and FI Statement, K.I.Moidheen, Abdul Latheef, P.U. Sulaiman, K.A.Nazar, Rameesh E.A. and R
A Magistrate cannot invoke powers under Section 319 Cr.P.C. on the same day after dropping prosecution under Section 258, rendering such orders unsustainable.
It is a settled principle of law that power under Section 319 of Cr.P.C. has to be exercised very sparingly, because it is an extraordinary power given to court and cannot be exercised in a routine m....
The main legal point established in the judgment is the exclusive jurisdiction of the Court in altering or adding charges and committing the case to the Court of Session, as well as the limitations o....
Section 319 allows rejoining discharged accused based on evidence in ongoing trial; defining the distinction between inquiry and trial stages.
The main legal point established in the judgment is the interpretation and application of Section 319 of the Cr.P.C, which allows the court to proceed against a person not initially accused if eviden....
Trial commences upon framing charges; powers under Section 319 Cr.P.C. cannot be exercised before evidence is recorded.
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