Kerala High Court
Shanto V.S vs State Of Kerala on 21 July, 2014
Author: B.Kemal Pasha
Bench: B.Kemal Pasha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
WEDNESDAY, THE 21ST DAY OF FEBRUARY 2018 / 2ND PHALGUNA, 1939
Crl.MC.No. 4055 of 2015
IN CP 44/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,VAIKOM
CRIME NO. 175/2013 OF VAIKOM POLICE STATION , KOTTAYAM
PETITIONER/ACCUSED NO.1:
SHANTO V.S, AGED 24,
S/O.SHAJI,VADAKAKKUPURATHU HOUSE,VADAKKEMURI
VILLAGE,PADINJARE MURIYIL,UDAYANAPURAM.P.O,VAIKOM,
KOTTAYAM DISTRICT.
BY ADVS.SRI.SUVIN.R.MENON
SRI.SHYAMDEEP S.SHENOY
RESPONDENT/COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE,THIRUVALLA
POLICE STATION,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH
COURT OF KERALA,ERNAKULAM.
BY PUBLIC PROSECUTOR SRI. ALEX M THOMBRA.
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 21-02-2018,
ALONG WITH CR.MC.4911/2015 AND CR.MC 8644/2016,THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
PBS
Crl.MC.No. 4055 of 2015 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE-A CERTIFIED COPY OF THE PROTEST COMPLAINT DATED 21.07.2014 FILED
BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT,VAIKOM
ANNEXURE-B CERTIFIED COPY OF THE F.I.R.IN CRIME NO.1928/2013 OF VAIKOM
POLICE STATION
ANNEXURE-C CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1928/2013 OF
VAIKOM POLICE STATION
ANNEXURE-D CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.175/2013 OF
VAIKOM POLICE STATION
ANNEXURE-E PHOTOCOPY OF THE DISCHARGE SUMMARY DATED 15.7.2014 ISSUED FROM
THE MEDICAL COLLEGE HOSPITAL,KOTTAYAM.
RESPONDENT'S ANNEXURE NIL
/TRUE COPY/
PA TO JUDGE
B. KEMAL PASHA, J.
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Crl.M.C. Nos.4055 & 4911 of 2015
and 8644 of 2016
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Dated this the 21st day of February, 2018
ORDER
~~~~~~ Crl.M.C.4055/2015 is filed by the 1 st accused and Crl.M.C.4911/2015 is filed by the 2 nd and 3rd accused in CP.44/2014 of the Judicial First Class Magistrate's Court, Vaikom, based on Annexure-A protest complaint filed before the court below. Crl.M.C.8644/2016 is filed by the accused in SC.213/2013 pending before the Additional Assistant Sessions Court, Kottayam, based on Annexure-B final report in Crime No.175/2013 of Vaikom Police Station, for the offence under Section 307 read with Section 34 IPC. In CP.44/2014, the protest complaint was taken on file for the offences under Sections 341, 323 and 324 read with Section 34 IPC.
Crl.M.C.4055/2015 & connected cases :2 :
2. On hearing either side, it has come out that it is not possible to have a premature termination of the prosecution proceedings in both the cases. The learned counsel for the petitioners in Crl.M.C. Nos.4055/2015 and 4911/2015 has pointed out that initially, a crime was registered in the matter and after investigation, the police referred the matter as false. This Court has been taken through the refer report. The police found that the case forwarded by the complainant in CP.44/2014 is only a false narration made by them to make it appear that it is a counter case to the case in SC.213/2013. It was on that ground that the matter was referred as false.
3. At the same time, learned counsel for the 2 nd respondent in Crl.M.C.4911/2015 has pointed out that the wound certificates pertain to the injuries sustained by the complainant in CP.44/2014 and the other injured persons, were produced along with the protest complaint. This Court has gone through the copies of the wound certificates. It is Crl.M.C.4055/2015 & connected cases :3 : true that even the crime was registered as per the complaint of the complainant in CP.44/2014 much belatedly. Of course, those matters can be raised during trial in the case relating to the protest complaint. The present stage is too premature to conclude that the protest complaint as such is false.
4. There is no merit in Crl.M.C.8644/2016. It seems that the injured in the case was brutally attacked and he had sustained very serious injuries. In fact, he had marginally escaped. The petitioners in Crl.M.C.8644/2016 have to face the trial.
In the result, these Crl.M.Cs. are disposed of. By exercising the powers conferred on this Court under Section 407(1)(c)(iii) Cr.P.C., the Judicial First Class Magistrate's Court, Vaikom is directed to commit the case in CP.44/2014 to the Court of Sessions expeditiously, for trial along with SC.213/2013 pending before the Additional Assistant Sessions Court, Kottayam. On getting the said case Crl.M.C.4055/2015 & connected cases :4 : committed, the said case shall be made over to the Additional Assistant Sessions Court, Kottayam, where SC.213/2013 is pending. The Additional Assistant Sessions Court, Kottayam shall deal with SC.213/2013 as the main case and the case being committed from CP.44/2014 as the counter case. Being old matters, the court below shall make every endevour to dispose of the matters expeditiously.
Sd/-
B.KEMAL PASHA, JUDGE aks/21/02 // True Copy // PS to Judge