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Prithyu Rajakumaran vs State Of Kerala

High Court Of Kerala|07 November, 2014
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JUDGMENT / ORDER

The prayer in this proceeding brought under Section 482 of the Code of Criminal Procedure is to quash the F.I.R in Crime No.141 of 2013 of Town North Police Station, Palakkad. The offences involved are under Sections 415 and 420 of Indian Penal Code. Now it is submitted that the Police has already submitted final report in court, and the learned Magistrate has taken cognizance as C.C No.67 of 2913. If so, the parties will have to approach the trial court for composition under Section 320 of the Code of Criminal Procedure. When the offence is well compoundable with permission or without permission under Section 320 of the Code of Criminal Procedure, the parties will have to pursue the normal legal remedy possible. In such a situation, this Court cannot entertain application under Section 482 of the Code of Criminal Procedure. No doubt, composition will be accepted and recorded by the learned Magistrate, if reported properly. In the interest of justice, the warrant of Crl.M.C No.4074 of 2014 2 arrest now pending against the petitioner will stand suspended for a period of two weeks. During this period, the parties can approach the trial court to have the composition recorded. In the result, this petition is closed with direction to the parties to approach the trial court itself for composition under Section 320 of the Code of Criminal Procedure.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge
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Title

Prithyu Rajakumaran vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
07 November, 2014
Judges
  • P Ubaid
Advocates
  • K Anand Sri
  • N Rajesh
  • Palakkad