Kerala High Court
Annexure 1: Certified Copy Of The Fir ... vs Nil on 29 July, 2009
Author: P.S. Gopinathan
Bench: P.S.Gopinathan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE. P.S.GOPINATHAN
FRIDAY, THE 6TH DAY OF JANUARY 2012/16TH POUSHA 1933
CRL.MC.No. 4046 of 2011 ( )
=========================
CC.443/2009 of J.M.F.C.-II, ALUVA
AGAINST THE ORDER/JUDGMENT IN WPC.21394/2009 DATED 29-07-2009
ACCUSED(S)/A2 AND A3
====================
1 GOPALAKRISHNAN NAIR @ GOPI, S/O. RAMAN NAIR
NAVANEETHAM HOUSE
KOTHAKULANGARA KARA
ANGAMALI VILLAGE.
2 MADHU, S/O. DAMODARA KURUP,
PUTHENVEETTIL
KOTHAKULANGARA KARA
ANGAMALI VILLAGE.
BY ADV.SRI.K.G.PAVITHRAN
COMPLAINANT(S)/STATE /COMPLAINANT
=================================
1 STATE OF KERALA, REPRESENTED BY
PUBLIC PROSECUTOR
HIGH COURT OF KERALA
ERNAKULAM-682031.
2 TOWER VISION INDIA (P) LTD.,
REPRESENTED BY BALAKRISHNAN
S/O.VELU
VARIATHKALAM VEEDU
KARIPPOD KARA, PUTHUNAGARAM VILLAGE,
PALAKKAD DISTRICT-678046.
BY ADV.SRI.LAL K.JOSEPH
SRI.A.A.ZIYAD RAHMAN
SMT.M.C.SANITHA
SRI.V.S.SHIRAZ BAVA
PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
06-01-2012, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
SU
CRL.MC.No. 4046 of 2011
APPENDIX
PETITIONERS' ANNEXURES:
ANNEXURE 1: CERTIFIED COPY OF THE FIR No.1619/2009 OF ANGAMALY
POLICE STATION.
ANNEXURE 1(A): CERTIFIED COPY OF THE CHARGE SHEET DATED 10/9/2009.
ANNEXURE 2: COPY OF THE ORDER DATED 29/7/2009 IN W.P.C 21394/2009.
ANNEXURE 3: COPY OF THE CERTIFICATE ISSUED BY DR.SUJITH JOS,
CONSULTANT ORTHOPEDIC SURGEON, K.G.HOSPITAL, ANGAMALY
DATED 10/9/2009.
ANNEXURE 4: COPY OF THE CERTIFICATE ISSUED BY THE 2ND PETITIONER'S
EMPLOYER DATED 26/9/2009.
RESPONDENT'S ANNEXURES: NIL.
/TRUE COPY/
P.A. TO JUDGE
SU
P.S. GOPINATHAN, J.
----------------------------------------------------------
Crl.M.C.No.4046 of 2011
----------------------------------------------------------
Dated this the 6th day of January, 2012
ORDER
In this petition filed by accused 2 and 3 under Section 482 of the Code of Criminal Procedure, the petitioners seek an order to quash the final report alleging offence under Sections 341, 143, 147 and 188 r/w 149 IPC in C.C.443/2009 on the file of the Judicial Magistrate of the First Class-II, Aluva with an allegation that no offence is made out by the averments in the final report.
2. Carefully going by the final report, I find that though offence under Section 341 IPC is mentioned, there is no allegation that the accused therein had wrongfully restrained any person. Therefore, prima facie, the petitioners are not liable to be sent for trial for offence under Section 341 IPC. But as regards, offences under Sections 143, 147 and 188 IPC, there are some allegations. It is a matter to be looked by the Trial Court and not by this Court under Section 482 of the Code of Criminal Procedure. It is also submitted that the matter is settled between the parties.
In the above circumstance, this petition is disposed of with direction to the Judicial Magistrate of the First Class- II, Aluva to dispose of the case within two months from the date of receipt of copy of this order.
P.S.GOPINATHAN, JUDGE su