Kerala High Court
M.S. Anil vs State Of Kerala on 20 June, 2014
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
TUESDAY, THE 5TH DAY OF DECEMBER 2017/14TH AGRAHAYANA, 1939
Crl.MC.No. 6035 of 2017 ()
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CC 1791/2016 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-
III, NEYYATTINKARA
CRIME NO. 265/2014 OF MARAYAMUTTOM POLICE STATION, THIRUVANANTHAPURAM
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PETITIONER(S)/ACCUSED 1 TO 6:
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1. M.S. ANIL,
S/O.SREEDHARA PANICKER, AGED 54 YEARS,
'ABHAYA', MARAYAMUTTOM, MARAYAMUTTOM DESOM.
2. SURESHKUMAR,
S/O.SREEDHARA PANICKER, AGED 57 YEARS,
MELVILAKATHU VEEDU, MARAYAMUTTOM,
PERUMKADAVILA VILLAGE, NEYYATTINKARA.
3. ADV. AJAYAN,
S/O.MANIYAN, AGED 45 YEARS, 'SREEJA',
NEAR CHAPPATH, MARAYAMUTTOM,
PERUMKADAVILA VILLAGE, NEYYATTINKARA.
4. MANNOOR SREEKUMAR,
S/O.VIJAYAKUMARAN, AGED 52 YEARS,
SARASWATHY VILASOM, MANNOOR, MARAYAMUTTOM,
PERUMKADAVILA VILLAGE, NEYYATTINKARA.
5. JAYAN @ POPPU JAYAN,
S/O.KESAVAN, AGED 48 YEARS,
MALAYILKADA, MEKKOLLA DESOM,
KOLLAYIL VILLAGE, NEYYATTINKARA.
6. AMAL RAJESH @ IVORY,
S/O.AMALA DAS, AGED 33 YEARS, MINI NIVAS,
VADAKARA, MARAYAMUTTOM DESOM,
PERUMKADAVILA VILLAGE, NEYYATTINKARA.
BY ADVS.SRI.G.SUDHEER
SMT.N.P.ASHA
RESPONDENT(S)/COMPLAINANT:
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STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31.
BY PUBLIC PROSECUTOR SRI ALEX M THOMBRA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 05-12-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
K.V.
Crl.MC.No. 6035 of 2017 ()
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APPENDIX
PETITIONER(S)' EXHIBITS
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ANNEXURE A TRUE COPY OF FIR IN CRIME NO.265/2014 DATED 20.6.2014
OF MARAYAMUTTOM POLICE STATION.
ANNEXURE B ATTESTED COPY OF FINAL REPORT IN C.C.NO.1791/2016
SUBMITTED BY THE SUB INSPECTOR OF POLICE, MARAYAMUTTOM
POLICE STATION BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT-III, NEYYATTINKARA.
ANNEXURE C TRUE COPY OF LETTER SENT BY THE STATE POLICE CHIEF TO
THE ADDITIONAL CHIEF SECRETARY, HOME DEPARTMENT
DATED 20.5.2015.
ANNEXURE D TRUE COPY OF LETTER SENT THE DISTRICT POLICE
SUPERINTENDENT TO THE ADDITIONAL SECRETARY, HOME
DEPARTMENT DATED 18.5.2015.
RESPONDENT(S)' EXHIBITS NIL
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/TRUE COPY/
K.V. P.S.TO JUDGE
B. KEMAL PASHA, J.
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Crl.M.C. No.6035 of 2017
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Dated this the 5th day of December, 2017
O R D E R
~ ~ ~ ~ ~ ~ Petitioners are the accused in CC No.1791/2016 of the Judicial First Class Magistrate's Court-III, Neyyattinkara in Crime No.265/2014 of Marayamuttom Police Station for the offences punishable under Sections 143, 145, 147, 188 and 283 read with Section 149 IPC. The allegation against the petitioners is that they formed themselves into an unlawful assembly on 19.06.2014 at 6 p.m. and conducted a procession through the public road in between Marayamuttom petrol pump and the bridge junction, thereby causing obstruction to the traffic and the pedestrians.
2. Learned counsel for the petitioners has pointed Crl.M.C.6035/2017 : 2 : out that the Sub Inspector of Police, who implicated the petitioners in the said crime, was in inimical terms with the 1st petitioner and his associates. The 1st petitioner is the President of a Co-operative Society. The Co-operative Society had published a magazine in which an article was written by somebody, which contained allegations against the said Sub Inspector of Police. It has been pointed out that immediately thereafter, the Sub Inspector of Police started implicating the 1st petitioner in various crimes. The 1st petitioner had filed a complaint before the State Police Chief, which culminated in an enquiry against the said Sub Inspector. Annexure-C is the enquiry report, which shows that the following cases were registered against the 1st petitioner by the said Sub Inspector:-
(i) Crime No.195/2014 under Section 447, 427, 379 and 34 IPC.
(ii) Crime No.262/2014 under Section 143, 145, 147, 149, 294(b) and 188 IPC.
(iii) Crime No.265/2014 under Section Crl.M.C.6035/2017 : 3 : 143, 145, 147, 149, 188 and 283 IPC.
(iv) Crime No.266/2014 under Section 354(d) and 509 IPC.
(v) Crime No.285/2014 under Section 143, 145, 147, 149, 283, 188 and 294(b) IPC and Section 77 of KP Act and Section 6 of Kerala Public Voice (Restriction Assemblies and Protection) Act, 2011.
3. It has been pointed out that the Co-operative Society had attached a property and obtained it through execution proceedings in an ARC case. Crime No.195/2014 is registered by alleging that the President and Secretary of the Co-operative Society had committed theft of plantains and tapioca from the said property. The other crimes have also been consecutively registered. The enquiry revealed that false cases were registered against the 1st petitioner by the said Sub Inspector. It was ordered that the said crimes were again to be investigated further, under Section 173(8) Cr.P.C.
4. From Annexures-C and D, it is evident that the Crl.M.C.6035/2017 : 4 : Sub Inspector, who had registered the crime against the petitioners, had axe to grind against the petitioners and consequently, false cases have been registered, including the present one.
5. The court below ought not to have taken cognizance of the offence under Section 188 IPC, when it is hit by Section 195(1)(a)(i) Cr.P.C. in the absence of a complaint in writing by the public servant concerned.
6. Regarding the offence under Section 283 IPC also, it has to be noted that only six persons were there and it cannot be believed that they could conduct a procession through the road.
7. From the records, it is evident that the petitioners have been trapped in a false case by the police. Matters being so, all further proceedings as against the petitioners in CC No.1791/2016 of the Judicial First Class Magistrate's Court-III, Neyyattinkara in Crime No.265/2014 of Marayamuttom Police Station, are liable to be quashed. Crl.M.C.6035/2017 : 5 :
In the result, this Crl.M.C. is allowed and all further proceedings as against the petitioners in CC No.1791/2016 of the Judicial First Class Magistrate's Court-III, Neyyattinkara, which has arisen from Crime No.265/2014 of Marayamuttom Police Station, are quashed.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/05/12 // True Copy // PS to Judge