LAWS(KER)-2016-8-28

RADHAKRISHNAN Vs. STATE OF KERALA

Decided On August 10, 2016
RADHAKRISHNAN Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This is an application filed under Section 482 of Cr.P.C. The prayer of the petitioner is to quash the proceeding in C.P.117/2014 on the file of the Judicial First Class Magistrate Court, Vadakara.

(2.) The ground highlighted is that a further investigation was done by the police and a report under Section 173(8) of Cr.P.C. filed showing that case is a false case. But the Magistrate rejected the report by passing Annexure A5 order. The case of the petitioner is that as a counter blast to C.C.No.1389/2013 on the file of the same court, this false case is foisted.

(3.) It is the case of the second respondent herein that further investigation in the crime was conducted without informing the learned Magistrate that also on extraneous reasons. It is also pointed out that the further investigation was conducted on the basis of an order issued by the District Police Chief, Kozhikode vide order No.211/Camp/2014/DR dated 4/11/2014 and the same was entrusted to Sri.C.D.Sreenivasan, Dy.S.P. of Police, DCRB, Kozhikode.