Divya Johny vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Mar 25, 2024

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Citation: sooperkanoon.com/1318628
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice P.Somarajan
Decided On: Mar 25, 2024
Case Number: Crl.Rev.Pet/327/2024

Parties & Advocates

Appellant / Petitioner

Divya Johny

Respondent

State of Kerala

Excerpt

.....years, d/o johny, nandavanam house, mulavana village, kollam, pin - 691503 by advs. pratheesh.p anjana kannath mariya jose joshna joy respondent/state: state of kerala, represented by public prosecutor, high court of kerala, ernakulam, pin - 682031 by sr public prosecutor sri c n prabhakaran this criminal revision petition having come up for admission on 25.03.2024, the court on the same day passed the following: crl.r.p.no.327 of 2024 2orderit is a case wherein final report was submitted against the revision petitioner, the mother of the victim child, alleging commission of offence punishable under section 302 ipc. the allegation is that she has committed murder of her own child aged 3 ½ months. it is submitted that she was under mental distress at that time and was living away from her husband and hence it will come under the purview of section 84 ipc, insanity. but, it is a matter to be adjudicated by the trial court during the course of prosecution. necessarily, this may not be a ground at the stage of framing charge for getting discharge. dismissal of the discharge application, hence deserves crl.r.p.no.327 of 2024 3 no interference by this court. the criminal revision petition fails and is dismissed. sd/- p.somarajan judge dmr/- crl.r.p.no.327 of 2024 4 appendix of crl.rev.pet 327/2024 petitioner's annexures annexure a1 the certified copy of the fir in crime no. 09.03.2021 annexure a2 the certified copy of the final report filed before jfmc - i, kollam dated 27.10.2021 annexure a3 the certified copy of petition in crl.m.p no.830/2023 in sc no. 1274/2022 before the addl. sessions judge - i, kollam dated 6.5.2023 annexure a4 the certified copy of the discharge card issued from mental health centre, thiruvananthapuram dated 23.4.2021 // true copy // p.a. to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN MONDAY, THE 25th DAY OF MARCH 2024 / 5TH CHAITHRA, 1946 CRL.REV.PET NO. 327 OF 2024 CRIME NO.372/2021 OF KUNDARA POLICE STATION, KOLLAM AGAINST THE ORDER DATED 21.09.2023 IN SC NO.1274 OF 2022 OF I ADDITIONAL DISTRICT COURT & SESSIONS COURT, KOLLAM REVISION PETITIONER/PETITIONER/ACCUSED:

DIVYA JOHNY, AGED 28 YEARS, D/o JOHNY, NANDAVANAM HOUSE, MULAVANA VILLAGE, KOLLAM, PIN - 691503 BY ADVS. PRATHEESH.P ANJANA KANNATH MARIYA JOSE JOSHNA JOY RESPONDENT/STATE: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY SR PUBLIC PROSECUTOR SRI C N PRABHAKARAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 25.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.R.P.No.327 of 2024 2

ORDER

It is a case wherein final report was submitted against the revision petitioner, the mother of the victim child, alleging commission of offence punishable under Section 302 IPC. The allegation is that she has committed murder of her own child aged 3 ½ months. It is submitted that she was under mental distress at that time and was living away from her husband and hence it will come under the purview of Section 84 IPC, insanity. But, it is a matter to be adjudicated by the trial court during the course of prosecution. Necessarily, this may not be a ground at the stage of framing charge for getting discharge. Dismissal of the discharge application, hence deserves Crl.R.P.No.327 of 2024 3 no interference by this court. The Criminal Revision Petition fails and is dismissed. Sd/- P.SOMARAJAN JUDGE DMR/- Crl.R.P.No.327 of 2024 4 APPENDIX OF CRL.REV.PET 327/2024 PETITIONER'S ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FIR IN CRIME NO. 09.03.2021 Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT FILED BEFORE JFMC - I, KOLLAM DATED 27.10.2021 Annexure A3 THE CERTIFIED COPY OF PETITION IN CRL.M.P NO.830/2023 IN SC NO. 1274/2022 BEFORE THE ADDL. SESSIONS JUDGE - I, KOLLAM DATED 6.5.2023 Annexure A4 THE CERTIFIED COPY OF THE DISCHARGE CARD ISSUED FROM MENTAL HEALTH CENTRE, THIRUVANANTHAPURAM DATED 23.4.2021 // TRUE COPY // P.A. TO JUDGE

Same Court & Year Kerala Orders · 2024 Same Parties Divya Johny vs State of Kerala Same Judge Honourable Mr. Justice P.Somarajan