Kerala High Court
Ashok Kumar vs State Of Kerala on 8 January, 2016
Author: B. Kemal Pasha
Bench: B.Kemal Pasha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
FRIDAY,THE 8TH DAY OF JANUARY 2016/18TH POUSHA, 1937
Crl.MC.No. 8073 of 2015
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CC 50/2015 OF CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA.
CRIME NO. 1743/2013 OF PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA.
......
PETITIONER/ACCUSED NO.3:
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ASHOK KUMAR, AGED 36 YEARS,
S/O PRABHAKARAN, SUPRABHALAYAM,
THIRUMOOLAPURAM, KUTTIPUZHA VILLAGE,
THIRUVALLA, PATHANAMTHITTA DISTRICT.
BY ADVS.SRI.M.T.SURESHKUMAR
SRI.P.R.JAYASANKAR
RESPONDENT/STATE:
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STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.
BY PUBLIC PROSECUTOR SMT. P.MAYA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 08-01-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
mbr/
Crl.MC.No. 8073 of 2015
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APPENDIX
PETITIONER(S)' ANNEXURES:
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ANNEXURE A1: TRUE COPY OF THE FIR IN CRIME NO.1743 OF 2013 OF
PATHANAMTHITTA POLICE STATION.
ANNEXURE A2: TRUE COPY OF THE FINAL REPOT IN CRIME NO.1743/2013
PATHANAMTHITTA POLICE STATION.
RESPONDENT(S)' ANNEXURES: NIL
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//TRUE COPY//
P.S.TO JUDGE
mbr/
B. KEMAL PASHA, J.
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CRL.M.C. No. 8073 of 2015
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Dated this the 8th day of January, 2016
O R D E R
Petitioner is the 3rd accused in C.C.No.50 of 2015 of the Chief Judicial Magistrate's Court, Pathanamthitta, which has arisen from Crime No.1743/2013 of the Pathanamthitta Police Station, registered for the offences punishable under Sections 419, 465, 468, 471 and 201 read with Section 34 of the Indian Penal Code and Sections 118(d) and 120(o) of the Kerala Police Act.
2. As far as Section 118(d) of the Kerala Police Act is concerned, the same has been struck down by the Apex Court.
3. On hearing either side and on perusing the records, it prima facie, seems that the mischief was done by the 2nd accused in the crime. The 2nd accused happens to be an employee of the petitioner, and the petitioner herein is the owner of the shop.
CRL.M.C.No. 8073 of 2015 -: 2 :-
4. According to the prosecution, the said mischief was committed by the 2nd accused with the knowledge of the petitioner. It is in that sense the petitioner has also been implicated as the 3rd accused. At the same time, the present stage is too premature to conclude that the petitioner has no criminal liability. The petitioner can take up all these contentions before the court below at the stage of Section 239 Cr.P.C.
5. In case of any application filed under Section 239 Cr.P.C., the court below shall consider it on merits and dispose it of in accordance with law. In case of any further grievance, it is open to the petitioner to approach this Court or any appropriate forum again, at appropriate stage.
With the above observation, this Crl.M.C. is closed.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
[True copy] P.S. to Judge