Sudheesh Kumar vs J.Gopi

Sudheesh Kumar vs J.GOPI

Type Court Judgment Court Kerala Orders Decided Mar 19, 2024

~3 min read

https://sooperkanoon.com/case/1286788

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1286788
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice P.Somarajan
Decided On: Mar 19, 2024
Case Number: Crl.Rev.Pet/47/2021
Subject: Right to Information

Case Summary

AI-generated summary - not the official court judgment text.

Right to Information

Key legal issue: Right to Information

Parties & Advocates

Appellant / Petitioner

Sudheesh Kumar

Respondent

J.GOPI

Excerpt

.....court of kerala, ernakulam, pin-682 031. sri.vinay ramdas smt.k.b.anamika kum. k. remiya ramachandran sr.pp. sri c n prabhakaran this criminal revision petition having come up for admission on 19.03.2024, the court on the same day delivered the following:ordera private complaint was lodged alleging offences under sections 120, 511 of 201, 219 r/w 34 of ipc on the allegation that there is a falsification of thandaper account at the instance of the accused person in connivance with some of the officials. in fact, the original relevant page of thandaper register was destroyed by substituting a forged one. the copy of the earlier one obtained under the right to information act is also produced along with the complaint. if it is proved, it will result in the conviction as against the accused persons. as such, there cannot be any dismissal of discharge application, it deserves no interference. the existence of a valid defence may not be a sufficient ground to grant discharge. at the fag end, the learned counsel for the petitioners submitted that he is not pressing the petition. hence, the criminal revision petition will stand dismissed as not pressed. sd/- p.somarajan judge msp appendix of crl.rev.pet 47/2021 petitioner annexures annexure a1 true copy of the complaint cmp no.4235/2011 on the file jfmc-iii, punalur dated 20.4.2011. annexure a2 true copy of the order dated 3.1.2013 in cmp no.4235/2011 in cc no.30/2013 on the file jfmc-ii, punalur. annexure a3 true copy of the petition crl.mp no.3094/2020 in cc no.64/2020 on the file of chief judicial magistrate court, kollam. annexure a4 true copy of the objections filed by the ist respondent dated 2.12.2020 on the file of chief judicial magistrate court, kollam.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN TUESDAY, THE 19TH DAY OF MARCH 2024 / 29TH PHALGUNA, 1945 AGAINST THE ORDER DATED 07.12.2020 in CMP NO.3094/2020 IN CC NO.64 OF 2020 OF CHIEF JUDICIAL MAGISTRATE, KOLLAM REVISION PETITIONER/ACCUSED NOS.3 & 4:
1 SUDHEESH KUMAR, INSPECTOR OF POLICE, KERALA POLICE, (PRESENTLY WORKING AS VIGILANCE AND ANTI-CORRUPTION BUREAU), RESIDING AT NOOPURAM, ELANJIKODU, IRUMPANANGADU PO, EZHUKONE, KOLLAM-691 505. 2 M.C.JIMSTAL, INSPECTOR OF POLICE, KERALA POLICE, (PRESENTLY WORKING AS INSPECTOR OF POLICE, CRIME BRANCH, KOLLAM), RESIDING AT MONTWILLY, PERAYAM, MULAVANA P.O., KOLLAM, PIN-691 503. M.T.SURESHKUMAR SRI.R.RENJITH
RESPONDENTS/COMPLAINANT & STATE: 1 J.GOPI, S/O. JANARDHANAN, GOPI SADHANAM, ELICODE P.O., ELAMPAL, KOLLAM DISTRICT, PIN-691 322. 2 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031. SRI.VINAY RAMDAS SMT.K.B.ANAMIKA KUM. K. REMIYA RAMACHANDRAN SR.PP. SRI C N PRABHAKARAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

A private complaint was lodged alleging offences under Sections 120, 511 of 201, 219 r/w 34 of IPC on the allegation that there is a falsification of Thandaper account at the instance of the accused person in connivance with some of the officials. In fact, the original relevant page of Thandaper register was destroyed by substituting a forged one. The copy of the earlier one obtained under the Right to Information Act is also produced along with the complaint. If it is proved, it will result in the conviction as against the accused persons. As such, there cannot be any dismissal of discharge application, it deserves no interference. The existence of a valid defence may not be a sufficient ground to grant discharge. At the fag end, the learned counsel for the petitioners submitted that he is not pressing the petition. Hence, the Criminal Revision Petition will stand dismissed as not pressed. Sd/- P.SOMARAJAN JUDGE msp APPENDIX OF CRL.REV.PET 47/2021 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE COMPLAINT CMP NO.4235/2011 ON THE FILE JFMC-III, PUNALUR DATED 20.4.2011. ANNEXURE A2 TRUE COPY OF THE ORDER DATED 3.1.2013 IN CMP NO.4235/2011 IN CC NO.30/2013 ON THE FILE JFMC-II, PUNALUR. ANNEXURE A3 TRUE COPY OF THE PETITION CRL.MP NO.3094/2020 IN CC NO.64/2020 ON THE FILE OF CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM. ANNEXURE A4 TRUE COPY OF THE OBJECTIONS FILED BY THE IST RESPONDENT DATED 2.12.2020 ON THE FILE OF CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM.

Same Court & Year Kerala Orders · 2024 Same Parties Sudheesh Kumar vs J.GOPI Same Subject Right to Information Same Judge Honourable Mr. Justice P.Somarajan