Kerala High Court
Kavitha Haridas vs State Of Kerala on 14 June, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
MONDAY, THE 14TH DAY OF JUNE 2021 / 24TH JYAISHTA, 1943
CRL.MC NO. 2236 OF 2021
CRIME NO.819/2020 OF ALAPPUZHA NORTH POLICE STATION,
Alappuzha
PETITIONER/S:
1 KAVITHA HARIDAS,
AGED 44 YEARS
D/O.ASHOKAN, RESIDING AT NILAM NIKARTHIL. SOUTH
ARYAD, AVALOOKUNNU P.O., ALAPPUZHA-688 006.
2 BIBIN RAJ,
AGED 36 YEARS
S/O.BHUVANENDRAN, RESIDING AT THARAYIL VELI, SOUTH
ARYAD, AVALOOKUNNU P.O., ALAPPUZHA-688 006.
3 ANITHA GOPINATH,
AGED 50 YEARS
D/O.MARIYAMMA, RESIDINGA T KALOOCHIRA, AVALOOKUNNU
MANU P.O., ALAPPUZHA-688 006.
4 ANIL KUMAR,
AGED 43 YEARS
S/O.PEETHAMBARAN, RESIDING AT MENITHARA,
VALLAPPADY, AVALOOKUNNU P.O., ALAPPUZHA-688 006.
5 SURESH,
AGED 48 YEARS
S/O.BHARAGAVAN, RESIDING AT KIZHAKKEVELI HOUSE,
ARYAD P/W, AVALOOKUNNU P.O., ALAPPUZHA-688 006.
6 VINOD,
AGED 33 YEARS
S/O.V.A.JOHN, RESIDING AT BIJU BHAVANAM, SOUTH
ARYANAD, AVALOOKUNNU P.O., ALAPPUZHA-688 006.
Case No. CRL.MC NO. 2236 OF 2021
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BY ADVS.
ARUN CHAND
SHRI.BHARAT VIJAY P.
SHRI.ANANDU R.
SHRI.VINAYAK G MENON
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM-682 031.
2 SUB INSPECTOR OF POLICE, ALAPPUZHA NORTH POLICE
STATION,
THIRUVANANTHAPURAM, KERALA-695 572.
3 DR.KANNAN,
AGED 40 YEARS
S/O.ANIRUDHAN, WAS WORKING AS MEDICAL OFFICER,
ARYAD PRIMARY HEALTH CENTRE, AVALOOKUNNU P.O.,
ALAPPUZHA-686 006, RESIDING AT SREE VALSAM, ARYAD
P/W 4, AVALOOKUNNU P.O., ALAPPUZHA-688 006.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.06.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Case No. CRL.MC NO. 2236 OF 2021
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ORDER
Heard the learned counsel for the petitioners and the learned Public Prosecutor.
2. This Crl.M.C. is filed seeking to quash Annexure - A1 FIR in Crime No.819 of 2020 of Alappuzha North Police Station, Alappuzha District.
3. The first petitioner is the 6 th accused and the petitioner Nos.2 to 6 are arrayed as accused Nos.1 to 5 in Crime No.819 of 2020 of Alappuzha North Police Station registered against the petitioners by the 2 nd respondent under Sections 143, 147, 149, 341 and 353 of the Indian Penal Code, 1860, Section 118(e) of the Kerala Police Act, 2011 and Sections 4(2)(e) and 5 of the Kerala Epidemic Diseases Ordinance 2020 on the basis of the complaint preferred by the third respondent.
4. The prosecution case is that on 8.7.2020 at about 10.45 a.m., the petitioners formed themselves into an unlawful assembly for the purpose of rioting and in Case No. CRL.MC NO. 2236 OF 2021 -4- pursuance of their common intention, they wrongfully restrained the 3rd respondent with an intention to deter him from discharging his duty as the Doctor in the Public Health Centre, Aryad and thereby, the petitioners committed the aforesaid offences.
5. Heard the learned counsel for the petitioners and the 3rd respondent and the learned Public Prosecutor.
6. The the learned Public Prosecutor, on instructions, submits that in pursuant to the crime registered in the above case, the Police conducted the investigation and referred the case as 'mistake of fact'. In view of the above facts and circumstances, the learned Public Prosecutor submits that this Crl.M.C. has become practically infructuous.
In the result, the submission of the learned Public Prosecutor is recorded and this Crl.M.C stands disposed of as infructuous practically.
sd N ANIL KUMAR, JUDGE.
dl/ Case No. CRL.MC NO. 2236 OF 2021 -5- APPENDIX OF CRL.MC 2236/2021 PETITIONER ANNEXURE ANNEXURE A1 THE TRUE COPY OF THE FIR IN CRIME NO.819/2020 OF ALAPPUZHA NORTH POLICE STATION WHICH WAS DOWNLOADED FROM THE OFFICIAL WEBSITE OF KERALA POLICE.
ANNEXURE A2 THE TRUE COPY THE COMPLAINT BEARING NO.B3-1827/2020 DATED 23.05.2020 SUBMITTED BY THE THEN PRESIDENT/1ST PETITIONER BEFORE THE DISTRICT MEDICAL OFFICER, ALAPPUZHA.
ANNEXURE A3 THE TRUE COPY OF THE ORDER NO.A1- 1576/2020/DMO (H) A DATED 09.06.2020 ISSUED BY THE DISTRICT MEDICAL OFFICER, ALAPPUZHA DISTRICT.
ANNEXURE A4 THE TRUE COPY OF THE LETTER BEARING NO.B2/2953/2020 DATED 10.06.2020 ISSUED BY THE SECRETARY OF ARYAD GRAMA PANCHAYAT BEFORE THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, ARYAD ALAPPUZHA DISTRICT.
ANNEXURE A5 THE TRUE COPY OF THE REQUEST VIDE NO.A1- 1765/2020 DATED 25.06.2020 SUBMITTED BY THE THEN PRESIDENT/1ST PETITIONER BEFORE THE DIRECTOR, HEALTH DEPARTMENT, THIRUVANANTHAPURAM.
ANNEXURE A6 THE TRUE COPY OF THE ORDER DATED 27.07.2020 BEARING NUMBER A1-1576/2020 ISSUED BY DISTRICT MEDICAL OFFICER, ALAPPUZHA DISTRICT.
ANNEXURE A7 THE TRUE COPY OF THE ORDER DATED 14.09.2020 IN CRL.MP NO.2280/2020 OF THE SESSIONS COURT, ALAPPUZHA.