Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN FRIDAY, THE21T DAY OF FEBRUARY20142ND PHALGUNA, 1935 Crl.MC.No. 5036 of 2013 --------------------------- AGAINST THE JUDGMENT
IN Crl.MC.No. 2126/2009 DATED1407-2009 ....... SC1542006 OF ADDL. SESSIONS COURT (ADHOC)-II, KALPETTA ...... CRIME NO. 257/2005 OF KALPETTA POLICE STATION , WAYANAD DISTRICT .... PETITIONER(S)/ACCUSED NO.14: ------------------------------------------------ P.C.RAJEESH, S/O.RAVEENDRAN, POOKKATTIL HOUSE, POOMALA P O., SULTHAN BATHERY,WAYANAD. BY ADV. SRI.ANEESH JOSEPH RESPONDENTS:COMPLAINANT & STATE: -------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. BY PUBLIC PROSECUTOR SMT. S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON2102-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss Crl.MC.No. 5036 of 2013 ----------------------------------- APPENDIX PETITIONER(S)' ANNEXURES: --------------------------------------------- ANNEXURE-A1. COPY OF THE CHARGE IN CRIME NO. 257/2005 SUBMITTED BY CIRCLE INSPECTOR OF POLICE, KALPETTA DTD1510/2005. ANNEXURE-A2. COPY OF DEPOSITION OF PW1 IN SC NO.154/2006 DTD122/2009 OF ADDL.SESSIONS JUDGE, KALPETTA. ANNEXURE-A3. COPY OF DEPOSITION OF PW2 IN SC NO. 154/2006 DTD122/2009 OF ADDL.SESSIONS JUDGE, KALPETTA. ANNEXURE-A4. COPY OF DEPOSITION OF PW3 IN SC NO1542006 DTD122/2009 OF ADDL.SESSIONS JUDGE, KALPETTA. ANNEXURE-A5. COPY OF DEPOSITION OF PW4 IN SC NO1542006 DTD122/2009 OF ADDL.SESSIONS JUDGE, KALPETTA. ANNEXURE-A6. COPY OF DEPOSITION OF PW5 IN SC NO1542006 DTD122/2009 OF ADDL.SESSIONS JUDGE, KALPETTA. ANNEXURE-A7:-COPY OF DEPOSITION OF PW6 IN SC NO1542006 DTD122/2009 OF ADDL.SESSIONS JUDGE, KALPETTA. ANNEXURE A8:-COPY OF THE DEPOSITION OF PW7 IN SC NO1542006 DTD122/2009 OF ADDL.SESSIONS JUDGE, KALPETTA. ANNEXURE A9:-TRUE COPY OF THE DEPOSITION OF PW8 IN SC NO1542006 DTD132/2009 OF ADDL.SESSIONS JUDGE, KALPETTA. ANNEXURE A10:-TRUE COPY OF THE JUDGMENT
DTD73/2009 IN SC NO1542006 OF ADDL.SESSIONS JUDGE(ADHOC II),KALPETTA. ANNEXURE A11:-TRUE COPY OF THE ORDER
IN CRL.MC.NO. 2126/2009 DTD147/2009. RESPONDENT(S)' ANNEXURES: ---------------------------------------------- N I L /TRUE COPY/ P.S.TOJUDGE Kss K. RAMAKRISHNAN, J.
................................................. Crl.M.C.No.5036 of 2013 .................................................. Dated this the 21st day of February, 2014. ORDER
This is an application filed by the sole accused in SC.No.219/2010 (14th accused in Crime No.257/2005 of Kalpetta Police station) seeking termination of the proceedings against him in view of Annexure A11 order under Section 482 of the Code of Criminal Procedure.
2. It is alleged in the petition that he was the 14th accused in Crime No.257/2005 of the Kalpetta police station. He was charge sheeted along with 13 other accused persons alleging the offences under Sections 143, 147,148,332 and 308 read with Section 149 of the Indian Penal Code. The allegation was that on 9.7.2005 at about 11 a.m, the accused persons in furtherance of their common object formed themselves into an unlawful assembly in front of the gate of Civil Station, Kalpetta with deadly weapons and tried to enter into the Collectorate and when the defacto complainant intercepted, as members of the unlawful assembly with the common object of committing culpable homicide, attacked the defacto complainant causing injury to him and others and thereby they have committed the above said offence. After investigation, final report was filed in that case and it was originally taken on file as CP.No.97/2005. Crl.M.C.No.5036 of 2013 2 Thereafter the case was committed to the Sessions Court, Kalpetta and the Sessions Court, Kalpetta has taken cognizance of the case as SC.No.154/2006 and it was made over to Additional Sessions Court (Adhoc-II), Kalpetta for disposal. Since the present petitioner did not appear at that time the case against him was split up and refield as C.P.No.24/2006. The case against the other accused persons in SC.154/2006 was tried and they were acquitted by the learned Additional Sessions Judge as per Annexure A10 judgment. Thereafter the present petitioner filed Crl.M.C.No. 2126/2009 before this Corut to quash the proceedings as against him mentioning the case number as SC.No.154/2006 of Additonal Sessions Court ( Adhoc-II) Kalpetta by mistake and this Court has allowed the application and quashed the proceedings as per Annexure A11 order. But later it ws revealed that his case was not cmmitted and his case was transferred to regiseter of long pending cases as LP.No.65/2006 on the file of the Judicial First Class Magistrate Court, Kalpetta and later he surrendered before that court and he was released on bail and his case was committed to the Sesisons Court and it was taken on file as SC.No.219/2010 on the file of the Sessions Court, Kalpetta. When the counsel for the petitioner pointed out to the Sessions Court that the case against him has been quashed as per Annexure A11 order, it was pointed out by the Sessions Judge that crime number has been mentioned in that case Crl.M.C.No.5036 of 2013 3 and there nothing to indicate that it relates to him to that case and that necessitated the petitioner to file this application seeking the following relief. It is therefore humbly prayed that this Hon'ble Court may be pleased to quash Annexure A1 charge by allowing this Crl.M.C and to direct court below to terminate proceedings in S.C.No.219/2010 of Sessions Court, Wayanad at Kalpetta in Crime No.257/2005 of Kalpetta Police Station, Wayanad District.
3. Heard the counsel for the petitioner and the learned Public Prosecutor.
4. The counsel for the petitioner submitted that by mistake the crime number and the correct case number were not mentioned in the earlier application by the counsel, who appeared for the petitioner in the earlier proceedings and on account of that mistake he was compelled to file this application.
5. Though normally the remedy available to the petitioner is to file an application for correction of that order by incorporating the correct case number and the crime number, since the learned Judge who passed the order has retired, this will have to be in the normal course considered by this Court as this Court is dealing with such matter now and so this application is considered by this Court itself. It is seen from the documents produced that it was mentioend Crl.M.C.No.5036 of 2013 4 in Annexure A11 order that he was the 14th accused in SC.No.154/2006 of Additional Sessions Court, Adhoc-II, Kalpetta and Annexure A10 judgment in that case will go to show that it relates to Crime No.257/2005 of Kalpetta police station and so it is clear from Annexure A11 order that it relates to this accused. So I think that, that can be clarified and this petition can be allowed as follows:
6. It is clarified that Annexure A11 order relating to the petitioner who was shown as accused No.14 in Crime No.257/2005 of Kalpetta police station in respect of which now SC.No.219/2010 is pending before the Sessions Court, Wayand as against the petitioner. So in view of the fact that the case against the petitioner has already been quashed as per Annexcue A11 order, further proceedings in SC.No.219/2010 pending before the Sessions Court, Kalpetta need not be continued. So, it is declared that the case against the petitioner is terminated by quashing the case against him as per Anenxure A11 order. Office is directed to communicate this order to the concerned Sessions Court for further action. Sd/- K. RAMAKRISHNAN, JUDGE. cl /true copy/ P.S to Judge Crl.M.C.No.5036 of 2013 5