K. KARUNAKARAN versus STATE OF KERALA AND ANR.

K. KARUNAKARAN versus STATE OF KERALA AND ANR.

Registration of FIR against appellant and others cannot be held to be the result of malafides; if during preliminary enquiry the commission of an offence comes to light on the basis of new materials, officials are obliged to register a case. The government order dated 12.5.1992 is not illegal or unconstitutional as...

Source-derived case information.

Parties
Appellant: K. Karunakaran; Respondent: State of Kerala; Opposition Mla/complainant: M. Vijay Kumar
Jurisdiction
India
Judgment Date
29 March 2000
Procedural Posture
Criminal Appeal / Appeal From Kerala High Court Order Dismissing Petition Under Section 482 Cr.p.c.
Outcome
Appeal dismissed
Legal Topics
FIR Registration, Corruption, Quashing of Proceedings, Prevention of Corruption Act
Criminal Law Constitutional Law FIR Registration Corruption Quashing of Proceedings Prevention of Corruption Act

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Parties

K. Karunakaran

Appellant

State of Kerala

Respondent

M. Vijay Kumar

Opposition Mla/complainant

Procedural Posture

Criminal Appeal / Appeal From Kerala High Court Order Dismissing Petition Under Section 482 Cr.p.c.

Legal Issues

  1. 1 Whether registration of FIR was actuated by malafides or extraneous considerations
  2. 2 Whether Government Order dated 12.5.1992 is illegal or unconstitutional as regards appellant's rights
  3. 3 Whether FIR could be registered based on new material after previous petitions were dismissed

Ratio Decidendi

Registration of FIR against appellant and others cannot be held to be the result of malafides; if during preliminary enquiry the commission of an offence comes to light on the basis of new materials, officials are obliged to register a case. The government order dated 12.5.1992 is not illegal or unconstitutional as regards the appellant's rights.

Court Disposition

Appeal dismissed

Orders

  • Appellant and other accused persons may raise all available pleas of law and fact during trial before the competent court; such pleas shall be considered and decided notwithstanding any observations made by High Court on merits.