Kerala High Court
Sekhara.A vs State Of Kerala on 22 August, 2012
Author: C.T.Ravikumar
Bench: C.T.Ravikumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
WEDNESDAY, THE 20TH DAY OF MARCH 2013/29TH PHALGUNA 1934
Crl.MC.No. 949 of 2013
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AGAINST THE ORDER/JUDGMENT IN CMP.4948/2012 of JUDICIAL 1ST CLASS
MAGISTRATE COURT,KASARAGOD DATED 22-08-2012
CRIME NO. 630/2011 OF VIDYA NAGAR POLICE STATION , KASARGOD
PETITIONER(S)/ACCUSED:
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SEKHARA.A, AGED 51 YEARS,
S/O THIRKAN, RESIDING AT ADRUGULI HOUSE, PADI VILLAGE,
EDNEER P.O., KASARAGODE TALUK, KASARAGODE DISTRICT.
BY ADV. SRI.B.BALA PRASANNAN
RESPONDENTS/STATE, COMPLAINANT AND DE-FACTO COMPLAINANTS:
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1. STATE OF KERALA,
REPRESENTED BY STATION HOUSE OFFICER,
VIDYANAGAR POLICE STTION, KASARAGODE DISTRICT,
THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682 031.
2. DEPUTY SUPERINTENDENT OF POLICE,
(SPECIAL MOBILE SQUAD), KASARAGOD-671 121.
3. SATHYAN, AGED 49 YEARS,
S/O P.K. NARAYANANEE,
RESIDING AT PADEEKSHA HOUSE AT PADI, EDANEER POST,
PADI VILLAGE-671 321.
4. PARAMESHWARA NAIK, AGED 55 YEARS,
S/O KUNDA NAIK (LATE), RESIDING AT ADRUGULI,
EDANEER POST, PADI VILLAGE, KASARAGOD TALUK,
KASARAGOD DISTRICT-671 321.
BY SMT.SEENA RAMAKRISHNAN, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-03-2013,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
AS
Crl.MC.No. 949 of 2013
APPENDIX
PETITIONER(S) EXHIBITS:
ANNEXURE A1: TRUE COPY OF THE F.I.R. IN CRIME NO.630/2011 OF VIDYANAGAR
POLICE STATION, KASARAGODE DISTRICT.
ANNEXURE A2: TRUE COPY OF THE F.I.R. IN CRIME NO.631/2011 OF VIDYANAGAR
POLICE STATION, KASARAGODE DISTRICT.
ANNEXURE A3: TRUE COPY OF THE ORDER DATED 22.8.2012 BY THE LEARNED
JUDICIAL FIRST CLAS MAGISTRTE COURT-I, KASARAGODE IN
C.M.P. NO.4948/2012.
ANNEXURE A4: TRUE COPY OF THE FINAL REPORT FILED BY THE 4TH
RESPONDENT DATED 12.7.2012.
ANNEXURE A5: TRUE COPY OF THE JUDGMENT OF THE HON'BLE ADDITIONAL
MUNSIFF'S COURT, KASARAGOD IN O.S.NO.55 OF 2012 DATED
17.10.2012.
RESPONDENTS' EXHIBITS : NIL
/TRUE COPY/
P.A.TO JUDGE
AS
C.T.RAVIKUMAR,J.
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Crl.M.C.No. 949 of 2013
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Dated this the 20th day of March, 2013
O R D E R
This petition is filed seeking quashment of Annexure- A1 FIR registered in Crime No.630/2011 of Vidyanagar Police Station, Kasaragode District alleging commission of offences under Sections 447, 341, 323, 324, 332 and 506 (ii) r/w Section 34 of the Indian Penal Code against the petitioner and his co- accused and all further proceedings pursuant thereto. Even according to the petitioner he filed a complaint against the defacto complaint and others in respect of the very same incident and a crime was registered as Crime No.631/2011 of the same Police Station based on his complaint. However, after the investigation a refer report viz., Annexure-A4 report has been laid in terms of the provisions under Section 173, Cr.P.C. in that crime. It is not discernible from the pleadings in this case as to whether the petitioner had filed any protest complaint thereon. The allegation against the petitioner and co-accused in Crime No.630/2011 is that they caused injuries on the defacto Crl.M.C.No. 949 of 2013 2 complainant and other certain others using stick and hand and also threatened to kill the de facto complainant. Evidently, the investigation is going on and a final report is yet to be laid in that crime. The petitioner has not made out a case for invoking the inherent jurisdiction of this Court to stifle the investigation. Now, the learned Public Prosecutor submitted that after the investigation a final report has already been laid before the Court of the Judicial First Class Magistrate, Kasaragode in Crime No.630/2011 alleging commission of offences under Sections 341, 447, 323 and 294(b) r/w Section 34 of the Indian Penal Code against the petitioner and his co-accused. The Learned Public Prosecutor on instruction further submitted that during the investigation the allegation regarding commission of offences under Sections 323, 332 and 506(ii) were not established and therefore those sections were deleted. At any rate, no ground whatsoever has been established by the petitioner for persuading this Court to invoke the inherent jurisdiction. In this circumstances this Crl. M.C. is liable to fail and accordingly it is dismissed. However, it is made clear that this order will not Crl.M.C.No. 949 of 2013 3 stand in the way of the petitioner for taking up the plea of discharge, if so advised, at the appropriate stage and in accordance with law.
C.T.RAVIKUMAR,JUDGE.
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