Rajesh Kumar P. R vs State Of Kerala
2023 Latest Caselaw 11737 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
                  CRL.MC NO. 9676 OF 2023
CRIME NO.620/2020 OF VALLIKUNNAM POLICE STATION, ALAPPUZHA


PETITIONER(S)/1ST ACCUSED:

          RAJESH KUMAR P. R
          AGED 43 YEARS, S/O J. RAMACHANDRAN NAIR,
          MANNAYAMKOT HOUSE, KATTACHIRA, BHARANIKKAVU,
          ALAPPUZHA DISTRICT, PIN - 690503
          BY ADVS.
          K.SHAJ
          BEENA N.KARTHA
          POORNIMA RAJAN
          C.IJLAL
          ARUN CHAND
          BHARAT VIJAY P.
          MAJID MUHAMMED K.
          MINU VITTORRIA PAULSON
          GOPIKA GOPAL
          ARCHANA SURESH
          MEERA NAIR.I.P


RESPONDENTS/STATE AND CW1:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031
    2     INSPECTOR OF POLICE
          VALLIKKUNNAM POLICE STATION,
          ALAPPUZHA DISTRICT, PIN - 690503
    3     YADHU MOHAN
          AGED 22 YEARS, S/O V. V. MOHANAN, AMRITHA,
 CRL. M.C. NO.9676 OF 2023


                                2


          KULAKKATU P.O., MUTHEDATH MADAMBU AMSOM,
          OTTAPPALAM, PALAKKAD DISTRICT .,
          PIN - 679503

BY ADV.

          SRI MP PRASANTH, PP



      THIS   CRIMINAL   MISC.       CASE   HAVING   COME   UP   FOR
ADMISSION ON 16.11.2023, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
 CRL. M.C. NO.9676 OF 2023


                                 3


            P.V.KUNHIKRISHNAN, J.
            --------------------------------
           Crl.M.C. No.9676 of 2023
         -------------------------------------
  Dated this the 16th day of November, 2023


                          ORDER

This Criminal Miscellaneous Case is filed to

quash the F.I.R. in Crime No.620/2020 of

Vallikunnam Police Station. The F.I.R. is registered

alleging offences punishable under Sections 452,

465, 467, 468, 469, 471, 420 and 120(B) r/w 34 of

IPC. The petitioner want to quash the F.I.R. stating

that no offence is made out based on the

averments in the F.I.R.

2. This Court perused Annexure-A1 F.I.R. I

am of the considered opinion that this is not a

case in which the F.I.R. is to be quashed. But, I CRL. M.C. NO.9676 OF 2023

make it clear that, if any, final report is filed by

the police against the petitioner, the petitioner is

free to challenge the same by filing a separate

Criminal Miscellaneous Case.

Granting liberty to the petitioner to challenge

the final report, if any, filed and if the petitioner

is aggrieved by the same, this Criminal

Miscellaneous Case is closed.

Sd/-

P.V.KUNHIKRISHNAN nvj JUDGE CRL. M.C. NO.9676 OF 2023

APPENDIX OF CRL.MC 9676/2023

PETITIONER ANNEXURES ANNEXURE A1 THE TRUE COPY OF THE FIR IN CRIME NO.620/2020 OF VALLIKKUNNAM POLICE STATION, ALAPPUZHA DISTRICT ALONG WITH THE COMPLAINT OF THE 3RD RESPONDENT.

ANNEXURE A2 THE TRUE COPY OF THE WILL DEED DATED 06/10/2019 EXECUTED BY CHITRA M.S.

ANNEXURE A3 THE TRUE COPY OF THE PLAINT IN O.S.

57/2020 BEFORE THE MUNSIFF'S COURT, KAYAMKULAM WHICH HAS BEEN TRANSFERRED AND RENUMBERED AS O.S. NO. 122/2021 ON THE FILES OF THE SUB COURT, OTTAPPALAM.

ANNEXURE A4 THE TRUE COPY OF THE PLAINT IN O.S.

NO. 20/2020 ON THE FILES OF THE SUB COURT, OTTAPPALAM.

ANNEXURE A5 THE TRUE COPY OF THE JUDGMENT IN M.SRIKANTH VS. STATE OF TELENGANA AND OTHERS REPORTED IN AIR 2019 SC 5363 (ALSO IN MANU/SC/1446/2019)

RESPONDENTS EXHIBITS :NIL

//TRUE COPY// PA TO JUDGE