M.P. Saleem and others v. State of Kerala and M.K Manoj
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- K. Abraham Mathew
- Judgment Date
- 2018-11-01
- Court Decision / Holding
- The Crl.M.C. is allowed. The impugned order is set aside. The learned Magistrate is directed to reconsider the matter and pass appropriate orders in accordance with law.
- Final Disposition
- Allowed
Parties to the Case
Appellants / Petitioners
- M.P.Saleem
- Ali
- Abdul Raheem
- Younas M.B
- Abdul Rahiman
- T.A Shajahan
- Abdul Basheer
- Moideen P.A
- Kareem P.M
- Pareekunju V.B
- M.U Shaju
- Mani O.I
- Jas P.K
- P.M Jas So. Moideen
- Nishad C.G
- Shamsudeen K.E Abbas
- Raheem M.A
- JAMAL C.K
- Shamsudehen MP
- K.M Madhavan
- Pradeep G
- Renjan V.A
- Jayaprakash K.K
- Anish C.A
- Binukumar M P
- Shanmughan K.K
- Velayudhan P
- Suresh M.M
Respondents
- State of Kerala represented by Public Prosecutor, Ambalamedu Police Station area
- M.K Manoj S/o Kannannamanakkekkara Veettil, Peringala P.O., Ernakulam District
Legal Representation & Advocates
Counsels for Petitioners
- • Smt. K.K. Sheeba
Counsels for Respondents
- • Sri. A.S. Dheeraj
- • Sri K.V. Rejanish
- • Sri Varghese K. Paul
- • Sri R. Krishnakumar
Case Synopsis & Summary
This is a criminal miscellaneous case under section 482 Cr.P.C. before the High Court of Kerala at Ernakulam. The petition challenges the order of cognizance issued by the Judicial First Class Magistrate, Chottanikkara, in CP 5/2016 in connection with offences under sections 143, 144, 147, 148, 307, 324 and 326 read with section 149 IPC, based on a complaint by the second respondent. The police had earlier registered Crime No.146 of 2013 at Ambalamedu Police Station. The petitioners contend that the magistrate did not apply his mind before issuing process; summons were issued mechanically; he did not take into account materials collected by the police and did not examine all witnesses cited by the second respondent during inquiry. They further allege that witnesses were not properly examined and the information supplied by the police was treated as true. The counsel for the petitioners argue that the impugned order is unsustainable in law. The court refers to Pepsi Foods Ltd. v. Special Judicial Magistrate and others (1998) 5 SCC 749 to emphasize the need for a reasoned and mindful cognizance procedure. On these grounds, the High Court holds that the impugned order lacked due process, sets it aside, and directs the learned Magistrate to reconsider the matter in accordance with law, the evidence, and applicable principles.
Provisions of Law Cited
Legal Doctrines & Maxims
- Pepsi Foods Ltd. v. Special Judicial Magistrate and others, (1998) 5 SCC 749 – principle that Magistrate must apply mind and consider materials before issuing process; proper cognizance procedure under Cr.P.C.
Submissions & Arguments
Contentions of Appellants / Petitioners
Petitioners contend that cognizance in Crime No. 146/2013 was taken by the Judicial First Class Magistrate in CP 5/2016 without applying mind, and the process was issued mechanically. They contend the magistrate relied on the police information without properly considering the materials gathered during investigation (Annexures A1–A2) and failed to examine all witnesses cited by the second respondent during inquiry. They challenge the manner in which summons were issued, arguing there was a lack of rational inquiry into whether the allegations were prima facie sustainable and whether the accused could be summoned for trial. They point to Pepsi Foods Ltd. v. Special Judicial Magistrate (1998) 5 SCC 749, which prescribes a reasoned, mindful approach to cognizance and evaluation of available evidence before issuing process. They further allege that the petitioners were singled out by the complaint without lawful basis, and that the magistrate ignored material facts that would affect the validity of the proceedings. On this basis, they seek quashing of the impugned order and a remand for lawful reconsideration.
Contentions of Respondents
Respondents’ arguments are not elaborated in the judgment. The order records that the petitioners and the Public Prosecutor were heard, and the court relied on the Pepsi Foods standard to hold that the magistrate failed to follow the prescribed procedure; the impugned order was set aside and the matter remanded for reconsideration. The respondents’ detailed submissions are not apparent in the text.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Pepsi Foods Ltd. v. Special Judicial Magistrate and others | 1998 (5) SCC 749 | Positive | Cited as controlling authority on the procedure magistrates must follow before issuing process; used to show lack of application of mind in the present case. |
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