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2023 Supreme(Online)(Ker) 53730
IN THE HIGH COURT OF KERALA
P.V. KUNHIKRISHNAN, J.
Lakeshore Hospital and Research Centre. Ltd v. State of Kerala
Crl. M. Appln. No. 1 of 2023, Crl. M. C. No. 8070 of 2023
Pending police investigation affects continuation of private complaint under CrPC Section 210.
Headnote:The Court acknowledged the arguments regarding the ongoing police investigation and the filing of a private complaint. It held that under Section 210 of the CrPC, the private complaint cannot continue while the police report investigation is pending. The proceedings in C.C.No.521/2023 are stayed for six months as a result.
| Table of Content |
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| 1. acknowledgment of prosecution notice. (Para 1) |
| 2. investigation reopening affects prior complaint. (Para 2) |
1. Admit. Learned Public Prosecutor takes notice for the 1st respondent. Issue urgent notice by speed post to the 2nd respondent.
2. Crl.M.A.No.1/2023
The learned Senior counsel appearing for the petitioners submitted that the police originally investigated the case and referred the matter stating that further action dropped. Subsequently, a private complaint was filed by the 2nd respondent and the learned Magistrate taken cognizance of the offence. It is submitted that the police report filed is now reopened and is pending investigation. In such situation, the private complaint can not continue in the light of S.210 CrPC.
