Kerala High Court
Gopikrishna vs State Of Kerala on 17 March, 2022
Author: Kauser Edappagath
Bench: Kauser Edappagath
CRL.MC NO. 4099 OF 2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 17TH DAY OF MARCH 2022 / 26TH PHALGUNA,
1943
CRL.MC NO. 4099 OF 2020
IN SC 462/2019 OF SESSIONS COURT, PATHANAMTHITTA
PETITIONERS/ACCUSED NOS.1 TO 6:
1 GOPIKRISHNA, AGED 48 YEARS
S/O. RADHAKRISHNAN NAIR, OCHUVELIL POIKAYIL
HOUSE, VALLAMKULAM PADINJAREMURI, VALLAMKULAM
WEST P.O., ERAVIPEROOR VILLAGE, THIRUVALLA
TALUK, PATHANAMTHITTA DISTRICT, PIN - 689 541
2 SUDHEESHKUMAR @ RAJEEV
AGED 43 YEARS
S/O.PRASADHANA PILLAI, PULIMPALLIL HOUSE,
VAIKATHILLAM, NEDUMPURAM VILLAGE,
NEDUMPURAM P.O., THIRUVALLA TALUK,
PATHANAMTHITTA DISTRICT - 689 578
3 VISHNU VIJAYAN, AGED 30 YEARS
S/O.VIJAYAN, KUNNAPPADU HOUSE, KAVUMKALPADI,
VALLAMKULAM PADINJAREMURI, VALLAMKULAM WEST
P.O., ERAVIPEROOR VILLAGE, THIRUVALLA TALUK,
PATHANAMTHITTA DISTRICT, PIN - 689 541
4 RADHAKRISHNAN NAIR
AGED 83 YEARS
S/O.KRISHNAPILLAI, OCHUVELIL POIKAYIL HOUSE,
VALLAMKULAM PADINJAREMURI, VALLAMKULAM WEST
P.O., ERAVIPEROOR VILLAGE, THIRUVALLA TALUK,
PATHANAMTHITTA DISTRICT, PIN - 689 541
5 SREERAJ @ ANIKUTTAN
AGED 28 YEARS
S/O.RADHAKRISHNAN, THAZHATHETHIL HOUSE,
VALLAMKULAM PADINJAREMURI, VALLAMKULAM WEST
P.O., ERAVIPEROOR VILLAGE, THIRUVALLA TALUK,
PATHANAMTHITTA DISTRICT, PIN - 689 541
6 SHYAM MOHAN @ PRABATH
AGED 29 YEARS
S/O.MOHANANPILLAI, VALIYAPARAMBIL HOUSE,
KAVUMKALPADI, VALLAMKULAM PADINJAREMURI,
CRL.MC NO. 4099 OF 2020 2
VALLAMKULAM WEST P.O., ERAVIPEROOR VILLAGE,
THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT,
PIN - 689 541
BY ADVS.
JOSEPH GEORGE
SRI.BIJO THOMAS GEORGE
SRI.P.A.REJIMON
RESPONDENTS/STATE:
1 STATE OF KERALA
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM.
2 SANTHAMMA P.A., AGED 56 YEARS
W/O.RAJU T., PATHIPARAMBIL HOUSE, VALLAMKULAM
PADINJAREMURI, NANNOOR, VALLAMKULAM WEST P.O.,
ERAVIPEROOR VILLAGE, THIRUVALLA TALUK,
PATHANAMTHITTA DISTRICT, PIN - 689 541
3 ANJITHA, AGED 21 YEARS
D/O.RAJU T., PATHIPARAMBIL HOUSE, VALLAMKULAM
PADINJAREMURI, NANNOOR, VALLAMKULAM WEST P.O.,
ERAVIPEROOR VILLAGE, THIRUVALLA TALUK,
PATHANAMTHITTA DISTRICT, PIN - 689 541
4 VASU, AGED 71 YEARS
S/O.AZHAKAN, KUZHIKALA THADATHIL HOUSE,
VALLAMKULAM PADINJAREMURI, VALLAMKULAM WEST
P.O., ERAVIPEROOR VILLAGE, THIRUVALLA TALUK,
PATHANAMTHITTA DISTRICT, PIN - 689 541
BY ADVS.
SRI.AJI V.DEV
SRI.ALAN PRIYADARSHI DEV
SRI.B.ANANTHU
SRI SANGEETHA RAJ-PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 17.03.2022, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
CRL.MC NO. 4099 OF 2020 3
ORDER
This Crl.M.C has been filed to quash all further proceedings in S.C.No.462/2019 on the file of the Sessions Court, Pathanamthitta.
2. The petitioners are the accused. The offences alleged against them are under Sections 143, 147, 149, 294(b), 323, 325, 354 of IPC, Section 23 of the Juvenile Justice (Care and Protection of Children) Act, 2000 and Section 3(1)(x) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act (for short 'SC/ST Act')
3. The learned counsel for the revision petitioners Sri.Joseph George submitted that even going by the averments in the first information statement and all the materials collected during investigation, no offence under Section 3(1)(x) of SC/ST Act is made out.
Having heard the learned counsel for the petitioners, the CRL.MC NO. 4099 OF 2020 4 learned counsel for the victim as well as the learned Public Prosecutor, I am of the view that this Crl.M.C can be disposed of giving liberty to the petitioners to file an application for discharge at the court below. The court below shall dispose of the application, if any, filed in accordance with law. The petitioners are free to take all the contentions raised in this Crl.M.C in the application for discharge. The personal appearance of the petitioners at the court below is dispensed with until the disposal of the application for discharge.
The Crl.M.C is disposed of as above.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE ab CRL.MC NO. 4099 OF 2020 5 APPENDIX OF CRL.MC 4099/2020 PETITIONER ANNEXURES ANNEXURE A1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME 585/2015 OF THIRUVALLA POLICE STATION.
ANNEXURE A2 CERTIFIED COPY OF SCENE MAHAZAR AND FURTHER REPORTS DATED 20.40.2015, 08.04.2015 AND 09.04.2015 IN CRIME 585/2015 OF THIRUVALLA POLICE STATION. ANNEXURE A3 CERTIFIED COPY OF FIRST INFORMATION REPORT IN CRIME 586/2015 OF THIRUVALLA POLICE STATION.
ANNEXURE A4 CERTIFIED COPY OF FINAL REPORT IN CRIME 585/2015 OF THIRUVALLA POLICE STATION NOW PENDING AS S.C.462/2019 OF HON'BLE SESSION'S COURT PATHANAMTHITTA.
ANNEXURE A5 PHOTOCOPY OF JUDGMENT DATED 31.07.2017 IN O.S.678/2015 OF MUNSIFF'S COURT, THIRUVALLA.
ANNEXURE A6 CERTIFIED COPY OF FURTHER REPORTS DATED 06.07.15, 10.08.15 AND 19.09.15 IN CRIME 585/15 OF THIRUVALLA POLICE STATION RESPONDENTS ANNEXURES : NIL