Kerala High Court
Unknown vs By Advs.Sri.K.R.Vinod on 5 April, 2018
Author: K.Abraham Mathew
Bench: K.Abraham Mathew
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
THURSDAY, THE 5TH DAY OF APRIL 2018 / 15TH CHAITHRA, 1940
Crl.MC.No. 2223 of 2018
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CC 1913/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I,THRISSUR
CRIME NO. 3171/2016 OF EAST POLICE STATION , THRISSUR
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PETITIONER/ACCUSED
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VINOD C.S,
AGED 40,S/O.SIVADAS,CHEMBUTHARA HOUSE,
VAZHAKALA,ERNAKULAM.
BY ADVS.SRI.K.R.VINOD
SRI.V.SRI NATH
SRI.S.ARAVIND
SMT.M.S.LETHA
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,KOCHI-682031.
2. SREEKANTH,
S/O.NOT KNOWN,AGED 42,VYKKATTIL HOUSE,
CHENBUKAVU,THRISSUR EAST,THRISSUR-680005.
R1 BY SENIOR PUBLIC PROSECUTOR SRI C.K.PRASAD
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05-04-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.V.
Crl.MC.No. 2223 of 2018 ()
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APPENDIX
PETITIONER(S)' ANNEXURES
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ANNEXURE A1: THE CERTIFIED COPY OF THE FINAL REPORT IN
C.C.1913/17 OF JUDICIAL FIRST CLASS MAGISTRATE
COURT I THRISSUR
ANNEXURE A2: THE CERTIFIED COPY OF THE F.I.R.NO.3171/2016 OF
THRISSUR EAST POLICE STATION.
RESPONDENTS ANNEXURES: NIL
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/TRUE COPY/
K.V. P.S.TO JUDGE
9.04.2018
K. ABRAHAM MATHEW, J.
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Crl.M.C. No.2223 of 2018
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Dated this the 5th day of April, 2018
ORDER
The petitioner is the accused in C.C.No.1913 of 2017 on the file of the Judicial First Class Magistrate Court-I, Thrissur. He is alleged to have committed the offence under Section 506 (1) IPC. The proceedings are sought to be quashed on the ground that it is a non-cognisable offence.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. The case was registered for the offences under Sections 294 (b), 497 and 506 (1) IPC. It is well settled that if the F.I.Statement discloses commission of a non-cognisable offence, the investigation is not vitiated even though the investigation reveals that only a non-cognisable offence has been committed. In this case, only Section 294 (b) shown in Annexure A2 FI Statement is a cognizable offence. The offence under Sections 497 and 506 (1) IPC are non-cognisable Crl.M.C. No.2223 of 2018 -2- offence. It is seen from Annexure A1 F.I.statement that there is only a general allegation that the petitioner uttered obscene words. That does not attract the offence under Section 294 (b) IPC. So the investigation was illegal. The proceedings are liable to be quashed.
In the result, this Crl.M.C. is allowed. The proceedings in C.C.No.1913 of 2017 on the file of the Judicial First Class Magistrate Court-I are quashed.
Sd/-
K. ABRAHAM MATHEW JUDGE Scl/05.04.18