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2024 Supreme(Online)(KER) 8934
HIGH COURT OF KERALA
P.V. KUNHIKRISHNAN, J
MR.BIJU.C.J – Appellant
Versus
STATE OF KERALA – Respondent
Crl.MC 4003/2017
SRI.P.V.ANIL, SRI.ARUN AJAY SHANKAR, SRI.JIKKU SEBAN GEORGE, SRI.RENJITH.T.R, SENIOR PP
The court allowed the investigation to continue and the petitioners to challenge the final report as per law.
Headnote:
Criminal Procedure - Code of Criminal Procedure, 1973 - Sections 41A, 154, 156, 173 - Quashing of FIR - Investigation not stayed, petitioners free to challenge final report as per law
Fact of the Case:
The petitioners filed a criminal miscellaneous case to quash Annexure A7 FIR in Crime No.1955/2016 of Mavelikara Police Station.
Finding of the Court:
The court observed that the investigation was not stayed and if the investigation is not completed and the presence of the petitioners are necessary, the investigating officer shall issue notice to the petitioners under section 41A CrPC. If the final report is already filed, the petitioners are free to challenge the same in accordance with law.
Issues: Whether the FIR should be quashed?
Ratio Decidendi: The court did not stay the investigation and allowed the petitioners to challenge the final report as per law.
Final Decision: The criminal miscellaneous case is disposed of.
O R D E R
This Criminal Miscellaneous Case is filed to quash Annexure A7 FIR in Crime No.1955/2016 of Mavelikara Police Station.
2. When this Crl.M.C came up for consideration on 12.06.2017, this Court passed an order that the petitioner shall not be arrested until further orders. The investigation was not stayed. Probably the investigation might have been completed. If the investigation is not completed and the presence of the petitioners are necessary, the Investigating Officer shall issue notice to the petitioners under Section 41A Cr.P.C. If the final report is already filed, the petitioners are free to challenge the same in accordance with law.
With the above observation, this Criminal Miscellaneous Case is disposed of.
Sd/-
P.V.KUNHIKRISHNAN JUDGE DM APPENDIX OF CRL.MC 4003/2017 PETITIONER ANNEXURES ANNEXURE A1- COPY OF THE FIR BY NO.1318/2016 BEFORE THE MUSEUM POLICE STATION, THIRUVANANTHAPURAM.
ANNEXURE A2- COPY OF THE ORDER DATED 28/02/2017 IN BA.NO.6574/2016.
ANNEXURE A3- COPY OF THE MC.NO.46/2016 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, THIRUVANANTHAPURAM.
ANNEXURE A4- COPY OF CMP.NO.8091/2016 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, THIRUVANANTHAPURAM.
ANNEXURE A5- CERTIFIED COPY OF THE ORDER IN CMP.NO.8091/2016 IN MC.NO.46/2016 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, THIRUVANANTHAPURAM.
ANNEXURE A6- THE REGISTRATION PARTICULARS BY NO.RCL 0400735191 N ISSUED BY INDIAN POST TO THE 2ND RESPONDENT.
ANNEXURE A7- CERTIFIED COPY OF THE FIR BY NO.1955/2016 DATED 25/11/2016 REGISTERED BY THE 2ND RESPONDENT ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, MAVELIKKARA.
ANNEXURE A8- THE COPY OF THE UNDATED NOTICE ISSUED BY THE 2ND RESPONDENT TO THE
2ND PETITIONER.
ANNEXURE A9- THE COPY OF THE CMP.NO.295/2017 IN MC.NO.46/2016 DATED 08/01/2017 FILED BY THE 2ND PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE-I, THIRUVANANTHAPURAM.
ANNEXURE A10- THE CERTIFIED COPY OF THE ORDER IN CMP.NO.295/2017 IN MC.NO.46/2016 DATED 20/03/2017 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, THIRUVANANTHAPURAM.
RESPONDENTS EXHIBITS: NIL //TRUE COPY//
PA TO JUDGE
