Anuj John vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Jun 05, 2024

~3 min read

https://sooperkanoon.com/case/1325235

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/1325235
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Jun 05, 2024
Case Number: Crl.MC/4035/2024

Parties & Advocates

Appellant / Petitioner

Anuj John

Respondent

State of Kerala

Excerpt

.....crl.m.c.no.4035 of 2024 …................................................ dated this the 5th day of june, 2024orderpetitioner is the accused in crime no.247/2024 of alathur police station alleging offences punishable under sections 279 and 337 of the indian penal code, 1860.2. according to the learned counsel for the petitioner, the crime has beenregistered falsely as the dispute between the parties had been settled on the alleged date of the incident itself. it is also stated that the fir has been registered only on 01.03.2024 while the incident occurred on 17.12.2023, which itself indicates the falsity of the case.3. the learned public prosecutor, upon instructions, submitted that the fir has been registered pursuant to the reference under section 156(3) cr.p.c. of the magistrates' court and that the matter is under investigation.4. though the petitioner contends that the dispute between the parties hasbeen settled, it is noticed that, the crime has been registered after the date of the alleged settlement. since there is no proper record of settlement, this court cannot take into account the said contention regarding the settlement. even otherwise, if there is any such settlement as alleged by the petitioner, the same is a matter to be reckoned by the investigating officer during the course of investigation. the contentions raised cannot be considered for quashing the fir. accordingly, i find no merit in the crl.m.c.and it is dismissed. sd/- bechu kurian thomas judge amv/06/06/2024 appendix of crl.mc 4035/2024 petitioner annexures annexure a1 true copy of the fir numbered as 247/2024 on 01.03.2024 at alathur police station annexure a2 true copy of the google pay transaction of rs.6000/- (rupees six thousand only) to the 3rd respondent's bank account annexure a3 true copy of the notice under section 91 of the cr.pc to amal alphonse annexure a4 true copy of the judgment dated 26.10.21 in mitesh kumar j sha vs. the state of.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, CRIME NO.247/2024 OF ALATHUR POLICE STATION, PALAKKAD AGAINST THE ORDER IN CMP NO.722 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS , ALATHUR PETITIONER/ACCUSED: ANUJ JOHN, AGED 44 YEARS S/O K. J. JOHNY, KOVATTUPARAMBIL HOUSE PADAM STOP, KADAVANTHRA P.O. ERNAKULAM, PIN - BY ADVS. RAGHUL SUDHEESH J.LAKSHMI ELIZABETH MATHEW AMBILY T. VENU ZAKIYA ISMAIL RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 SI OF POLICE ALATHUR POLICE STATION PALAKKAD, PIN - 678541 3 PRASANTH CHANDRAN, MANNAYANKAD NELLIYAMKUNNAM, ALATHUR, PALAKKAD, KERALA, PIN - 678541 ADV. RENJITH T R, PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BECHU KURIAN THOMAS, J ......…............................................. Crl.M.C.No.4035 of 2024 …................................................ Dated this the 5th day of June, 2024

ORDER

Petitioner is the accused in Crime No.247/2024 of Alathur Police Station alleging offences punishable under Sections 279 and 337 of the Indian Penal Code, 1860.

2. According to the learned counsel for the petitioner, the crime has been

registered falsely as the dispute between the parties had been settled on the alleged date of the incident itself. It is also stated that the FIR has been registered only on 01.03.2024 while the incident occurred on 17.12.2023, which itself indicates the falsity of the case.

3. The learned Public Prosecutor, upon instructions, submitted that the FIR has been registered pursuant to the reference under Section 156(3) Cr.P.C. of the Magistrates' Court and that the matter is under investigation.

4. Though the petitioner contends that the dispute between the parties has

been settled, it is noticed that, the crime has been registered after the date of the alleged settlement. Since there is no proper record of settlement, this Court cannot take into account the said contention regarding the settlement. Even otherwise, if there is any such settlement as alleged by the petitioner, the same is a matter to be reckoned by the Investigating Officer during the course of investigation. The contentions raised cannot be considered for quashing the FIR. Accordingly, I find no merit in the Crl.M.C.and it is dismissed. sd/- BECHU KURIAN THOMAS JUDGE AMV/06/06/2024 APPENDIX OF CRL.MC 4035/2024 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE FIR NUMBERED AS 247/2024 ON 01.03.2024 AT ALATHUR POLICE STATION ANNEXURE A2 TRUE COPY OF THE GOOGLE PAY TRANSACTION OF RS.6000/- (RUPEES SIX THOUSAND ONLY) TO THE 3RD RESPONDENT'S BANK ACCOUNT ANNEXURE A3 TRUE COPY OF THE NOTICE UNDER SECTION 91 OF THE CR.PC TO AMAL ALPHONSE ANNEXURE A4 TRUE COPY OF THE JUDGMENT DATED 26.10.21 IN MITESH KUMAR J SHA VS. THE STATE OF KARNATAKA [AIR 2021 SC 5298] TRUE COPY

Same Court & Year Kerala Orders · 2024 Same Parties Anuj John vs State of Kerala Same Judge Honourable Mr. Justice Bechu Kurian Thomas