GOPIKRISHNAN P.G v. THE STATE OF KERALA
Court: High Court of Kerala
Bench: HONOURABLE MR. JUSTICE P.SOMARAJAN
Judgment date:
Case summary
High Court of Kerala judgment dated 2020-12-14. GOPIKRISHNAN P.G v. THE STATE OF KERALA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P. SOMARAJAN MONDAY, THE 14TH DAY OF DECEMBER 2020 / 23RD AGRAHAYANA, 1942 Crl. MC. No. 4613 OF 2020(F) C. P. No. 18/2020 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, THRIPUNITHURA CRIME NO. 399/2018 OF HILL PALACE POLICE STATION, ERNAKULAM PETITIONERS/ACCUSED 2: GOPIKRISHNAN P. G, AGED 24 YEARS, S/o ANITHA GOPAKUMAR, PISHARIKOVILWARYAM HOUSE, EROOR (PO), NADAMA VILLAGE, EROOR WEST, ERNAKULAM DISTRICT BY ADV. SRI. BOBY THOMAS RESPONDENTS/STATE & DEFACTO COMPLAINANT: 1 THE STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, HILLPALACE POLICE STATION, ERNAKULAM DISTRICT, THROUGH THE LEARNED PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2 ATHUL M, AGED 22 YEARS, S/o MANOJ KUMAR V, KONOTH HOUSE, IRUMBANAM P. O. , HILLPALACE, THRIPPUNITHURA-682 301. BY PUBLIC PROSECUTOR SMT. M. N. MAYA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 14. 12. 2020. THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl. M.
C. No. 4613 of 2020 2 ORDER The final report submitted alleging the offence punishable under Sections 341, 324 and 308 r/w Section 34 IPC sought to be quashed under Section 482 Cr. P. C. on the ground that the case was earlier settled between accused No. 1 and the defacto complainant. The present applicant is accused No. 2, against whom the final report was submitted. It was also submitted that no injury sustained by the defacto complainant in connection with the alleged incident. It may be a valid defence, but the same cannot be used as a ground for exhausting the jurisdiction under Section 482 Cr. P. C. This court cannot usurp the powers of trial court under Section 482 Cr. P. C. The existence of valid defence or right to maintain a discharge petition by itself will not constitute a sufficient ground to exhaust the jurisdiction under Section 482 Cr. P. C. Without prejudice to the right of petitioner to exhaust all his remedies, the present Crl. M. C. is hereby dismissed. Sd/- P.
SOMARAJAN DMR/- JUDGE Crl. M. C. No. 4613 of 2020 3 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 399/2018 OF THE HILLPALACE POLICE STATION. ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO 399/2018 OF HILPALACE POLICE STATION RESPONDENTS' ANNEXURE: NIL // TRUE COPY // P. A. TO JUDGE
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