Sunil Kumar vs State of Kerala

Type Court Judgment Court Kerala Orders Decided May 21, 2024

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Citation: sooperkanoon.com/1320325
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: May 21, 2024
Case Number: Crl.MC/3027/2024

Parties & Advocates

Appellant / Petitioner

Sunil Kumar

Respondent

State of Kerala

Excerpt

.....thomas, j.crl.m.c.no.3027 of 2024 dated this the 21st day of may, 2024orderpetitioner challenges the registration of crime no.187 of 2024 of chirayinkeezhu police station. according to the prosecution, the accused had without any licence for manufacturing or possessing explosives carried out fireworks in the sree sarkara devi temple on 14.02.2024 in connection with chirappu vilakku and kalabhabishekam.2. i have heard sri.jayakumar j., the learned counsel for the petitioner as well as sri.noushad k.a., the learned public prosecutor.3. a perusal of the fir reveals that the crime has been lodged atthe instance of the administrative officer of the temple, who alleged that on 14.02.2024, the accused had, without any licence to possess or manufacture explosives, used the explosives for the fireworks in connection with a temple festival. the crime was registered only on29.02.2024 and it is only at the investigation stage. the question whether the allegations have any basis or not, are all matters to be probed into during the course of investigation. if the allegations in the fir are admitted, they would constitute the offence alleged. therefore, it is too premature a stage for exercise of the powers under section 482 of the cr.p.c. to quash the proceedings.4. as observed by the supreme court in state of hariyana and others v. bhajan lal and others [(1992) supp 1 scc 335], interference with an fir under section 482 of cr.p.c. must be only in exceptional circumstances.a perusal of the fir in the instant case does not reveal any such exceptional circumstances. therefore, i find no merit in this crl.m.c. and it is dismissed. sd/- bechu kurian thomas, judge rkm appendix of crl.mc 3027/2024 petitioner's annexures : annexure a1 true copy of the complaint dated 15/2/2024 filed by the defacto complainant before the chirayinkeezh police stationannexure a-2 true copy of the fir in crime no. 187/2024 of chirayinkil police .....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946 CRIME NO.187/2024 OF Chirayinkeezhu Police Station, PETITIONER/ ACCUSED : SUNIL KUMAR AGED 61 YEARS, S/O. KRISHNAN NAIR, SREEVALSAM VEEDU, SARKARA, CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT, PIN - 695 101. BY ADV J.JAYAKUMAR RESPONDENT/ COMPLAINANT : STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. SRI. NOUSHAD K. A., PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
Crl.M.C.No.3027 of 2024 Dated this the 21st day of May, 2024

ORDER

Petitioner challenges the registration of Crime No.187 of 2024 of Chirayinkeezhu Police Station. According to the prosecution, the accused had without any licence for manufacturing or possessing explosives carried out fireworks in the Sree Sarkara Devi Temple on 14.02.2024 in connection with Chirappu Vilakku and Kalabhabishekam.

2. I have heard Sri.Jayakumar J., the learned counsel for the petitioner as well as Sri.Noushad K.A., the learned Public Prosecutor.

3. A perusal of the FIR reveals that the crime has been lodged at

the instance of the Administrative Officer of the temple, who alleged that on 14.02.2024, the accused had, without any licence to possess or manufacture explosives, used the explosives for the fireworks in connection with a temple festival. The crime was registered only on

29.02.2024 and it is only at the investigation stage. The question whether the allegations have any basis or not, are all matters to be probed into during the course of investigation. If the allegations in the FIR are admitted, they would constitute the offence alleged. Therefore, it is too premature a stage for exercise of the powers under Section 482 of the Cr.P.C. to quash the proceedings.

4. As observed by the Supreme Court in State of Hariyana and Others v. Bhajan Lal and Others [(1992) Supp 1 SCC 335], interference with an FIR under Section 482 of Cr.P.C. must be only in exceptional circumstances.

A perusal of the FIR in the instant case does not reveal any such exceptional circumstances. Therefore, I find no merit in this Crl.M.C. and it is dismissed. Sd/- BECHU KURIAN THOMAS, JUDGE RKM APPENDIX OF CRL.MC 3027/2024 PETITIONER'S ANNEXURES : Annexure A1 TRUE COPY OF THE COMPLAINT DATED 15/2/2024 FILED BY THE DEFACTO COMPLAINANT BEFORE THE CHIRAYINKEEZH POLICE STATION

Annexure A-2        TRUE COPY OF THE FIR IN CRIME NO. 187/2024
                    OF     CHIRAYINKIL     POLICE     STATION,
Annexure A-3        TRUE COPY OF THE COMPLAINT DATED 27/1/2024
                    FILED   BY  THE   PETITIONER  BEFORE   THE
                    SECRETARY,   TRAVANCORE   DEVASWOM   BOARD

AGAINST THE DEFACTO COMPLAINANT Annexure A-4 TRUE COPY OF THE ORDER DATED 20/12/2023 OF SECRETARY OF THE TRAVANCORE DEVASWOM BOARD TO THE DEVASWOM COMMISSIONER WITH FORWARDING NOTE TO THE ASSISTANT DEVASWOM COMMISSIONER

Same Court & Year Kerala Orders · 2024 Same Parties Sunil Kumar vs State of Kerala Same Judge Honourable Mr. Justice Bechu Kurian Thomas