Devadas P.K. vs State Of Kerala
2021 Latest Caselaw 2983 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

    WEDNESDAY, THE 27TH DAY OF JANUARY 2021 / 7TH MAGHA, 1942

                      Crl.MC.No.4248 OF 2020(A)

 AGAINST THE ORDER/JUDGMENT IN CC 28/2019 OF JUDICIAL FIRST CLASS
                  MAGISTRATE COURT, KALAMASSERY

   CRIME NO.2514/2017 OF KALAMASSERY POLICE STATION, ERNAKULAM


PETITIONER/ACCUSED:

             DEVADAS P.K., AGED 43 YEARS
             S/O. VASU PANICKER P.K, FLAT NO. 2065-6E, MIR GREEN
             METROPOLIS, KAKKANAD P.O., THRIKKAKARA,
             ERNAKULAM DISTRICT - 682030

             BY ADVS.
             SRI.M.KIRANLAL
             SRI.MANU RAMACHANDRAN
             SRI.T.S.SARATH
             SRI.R.RAJESH (VARKALA)
             SHRI.SAMEER M NAIR

RESPONDENTS/COMPLAINANT/STATE:

      1      STATE OF KERALA,
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM, COCHIN - 682031,

      2      THE SUB INSPECTOR OF POLICE,
             KALAMASSERY POLICE STATION, 683104.


             PUBLIC PROSECUTOR.SRI.RAMESH CHAND

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD            ON
27.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.4248 OF 2020(A)          2




                             ORDER

The crime was registered for the allegation of

offence under Sections 406 and 420 of IPC, simply

based on a news item appeared in a channel, that

too without having a defacto complainant or a first

informant. In short, the crime was registered

without the compliance of the basic requirement to

maintain an offence under Sections 406 and 420 IPC,

hence the same is quashed. Crl.M.C. is allowed

accordingly.

Sd/-

P.SOMARAJAN

JUDGE

msp

APPENDIX PETITIONER'S/S ANNEXURES:

ANNEXURE A1 THE TRUE COPY OF THE TAX RECEIPT ISSUED TO THE PETITIONER BY THE KALAMASSERY MUNICIPALITY.

ANNEXURE A2 TRUE COPY OF THE FIR IN CRIME NO. 2514 OF 2017.

ANNEXURE A3 TRUE COPY OF THE AGREEMENT DATED 10.03.2010 ENTERED WITH MANOMANIYAM SUNDANAR UNIVERSITY.

ANNEXURE A4 THE TRUE COPY OF THE AUTHORIZATION CERTIFICATE OF THE SHOBHIT UNIVERSITY.

ANNEXURE A5 TRUE COPY OF THE AUTHORIZATION ISSUED BY THE MAHATMA GANDHI UNIVERSITY.

ANNEXURE A6 THE REGISTRATION CERTIFICATE ISSUED BY THE KALAMASSERY MUNICIPALITY REGISTERING THE TUTORIAL INSTITUTE.

ANNEXURE A7 A TRUE COPY OF THE FINAL REPORT IN CRIME 2514/2017.

RESPONDENTS ANNEXURES:NIL

//TRUE COPY//

P.A. TO JUDGE