Back
HIGH COURT OF KERALA
CAN INDICA PVT LTD, – Appellant
Versus
STATE OF KERALA – Respondent
Crl.MC 1398 2023
Quash - Criminal Proceedings - Criminal Procedure Code Section 482 - The court ruled that it could quash FIRs under section 482 based on substantiated pleas, while reserving the petitioner's right to challenge a final report in court.
Fact of the Case:
Multiple petitions were submitted to quash various FIRs registered at a police station. A senior public prosecutor indicated that a final report had been submitted to an appropriate court.
Finding of the Court:
The court considered the submissions and noted that as a final report had been presented, it would close the petitions while allowing the petitioner to contest the findings later.
Issues: The main issue is whether the petitions seeking to quash the FIRs should be upheld considering a final report has been submitted.
Ratio Decidendi: The court held that it has the discretion to quash FIRs based on the merits of the petition but noted that the submission of a final report obligates the petitioner to seek redress in a higher court if needed.
Final Decision: Petitions closed; right to challenge final report reserved.
ORDER
[Crl.MC Nos.1409/2023, 1361/2023, 1388/2023, 1390/2023, 1392/2023, 1398/2023, 1408/2023, 1418/2023, 1419/2023, 1431/2023, 1488/2023, 1493/2023]
These petitions are filed seeking to quash Crime Nos.469, 466, 473, 480, 474, 472, 468, 467, 482, 481, 487, 486 of 2022 of the Ernakulam Central Police Station.
When the matter was taken up for consideration, the learned Senior Public Prosecutor on instructions submits that the final report has been submitted before the court having jurisdiction.
In that view of the matter, reserving the right of the petitioner to challenge the final report, these petitions are closed.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE
466/2022 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM CITY.
Annexure-2 THE TRUE COPY OF SEIZURE , MAHAZER IN CRIME NO. 466/2022 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM CITY.
Annexure-3 THE TRUE COPY OF LICENCE DATED 31/05/2022 ISSUED BY THE LICENSING AUTHORITY (OFFICE OF THE DRUG CONTROLLER (AYUSH) MADHYA PRADESH.
Annexure- 4 THE TRUE COPY OF GRANT OF MANUFACTURING LICENCE NO.1313-ISM (HR) DATED 10/03/2022 ISSUED BY STATE LICENSING AUTHORITY (ASU), DIRECTORATE OF AYUSH HARYANA FOR MANUFACTURING AND SALE OF AYURVEDA/UNANI/
SIDDHA MEDICINE.
Annexure-5 THE TRUE COPY OF LETTER ISSUED BY STATE LICENCING AUTHORITY (ASU), DIRECTORATE OF AYUSH HARYANA TO NARCOTIC COMMISSIONER OF APPENDIX OF CRL.MC 1388/2023
473/2022 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM CITY Annexure-2 THE TRUE COPY OF SEIZURE MAHAZER IN CRIME NO.
473/2022 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM CITY Annexure-3 THE TRUE COPY OF LICENCE DATED 31/05/2022 ISSUED BY THE LICENSING AUTHORITY (OFFICE OF THE DRUG CONTROLLER (AYUSH) MADHYA PRADESH Annexure-4 THE TRUE COPY OF GRANT OF MANUFACTURING LICENCE NO. 1313-ISM (HR) DATED 10/03/2022 ISSUED BYSTATE LICENCING AUTHORITY (ASU), DIRECTORATE OF AYUSH HARYANA FOR MANUFACTURING AND SALE OF AYURVEDA/UNANI/
SIDDHA MEDICINE Annexure5 THE TRUE COPY OF LETTER ISSUED BY STATE LICENCING AUTHORITY (ASU), DIRECTORATE OF AYUSH HARYANA TO NARCOTIC COMMISSIONER OF APPENDIX OF CRL.MC 1390/2023
480/2022 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM CITY Annexure-2 THE TRUE COPY OF SEIZURE MAHAZER IN CRIME NO.
480/2022 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM CITY Annexure-3 THE TRUE COPY OF LICENCE DATED 31/05/2022 ISSUED BY THE LICENSING AUTHORITY (OFFICE OF THE DRUG CONTROLLER (AYUSH) MADHYA PRADESH Annexure-4 THE TRUE COPY OF GRANT OF MANUFACTURING LICENCE NO. 1313-ISM (HR) DATED 10/03/2022 ISSUED BY STATE LICENCING AUTHORITY (ASU), DIRECTORATE OFAYUSH HARYANA FOR MANUFACTURING AND SALE OF AYURVEDA/UNANI/ SIDDHA MEDICINE Annexure-5 THE TRUE COPY OF LETTER ISSUED BY STATE LICENCING AUTHORITY (ASU), DIRECTORATE OF AYUSH HARYANA TO NARCOTIC COMMISSIONER OF APPENDIX OF CRL.MC 1392/2023
474/2022 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM CITY Annexure-2 THE TRUE COPY OF SEIZURE MAHAZER IN CRIME NO.
474/2022 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM CITY Annexure-3 THE TRUE COPY OF LICENCE DATED 31/05/2022 ISSUED BY THE LICENSING AUTHORITY (OFFICE OF THE DRUG CONTROLLER (AYUSH) MADHYA PRADESH Annexure-4 THE TRUE COPY OF GRANT OF MANUFACTURING LICENCE NO.1313-ISM (HR) DATED 10/03/2022 ISSUED BY STATE LICENCING AUTHORITY (ASU), DIRECTORATE OF AYUSH HARYANA FOR MANUFACTURING AND SALE OF AYURVEDA/UNANI/
SIDDHA MEDICINE Annexure5 THE TRUE COPY OF LETTER ISSUED BY STATE LICENCING AUTHORITY (ASU), DIRECTORATE OF AYUSH HARYANA TO NARCOTIC COMMISSIONER OF APPENDIX OF CRL.MC 1398/2023
472/2022 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM CITY Annexure-2 THE TRUE COPY OF SEIZURE MAHAZER IN CRIME NO.
472/2022 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM CITY Annexure-3 THE TRUE COPY OF LICENCE DATED 31/05/2022 ISSUED BY THE LICENSING AUTHORITY (OFFICE OF THE DRUG CONTROLLER (AYUSH) MADHYA PRADESH Annexure-4 THE TRUE COPY OF GRANT OF MANUFACTURING LICENCE NO. 1313-ISM (HR) DATED 10/03/2022 ISSUED BY STATE LICENSING AUTHORITY (ASU), DIRECTORATE OF AYUSH HARYA
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
