Biji Thomas vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Sep 25, 2023

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Citation: sooperkanoon.com/1375809
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Sep 25, 2023
Case Number: Crl.MC/5776/2023

Parties & Advocates

Appellant / Petitioner

Biji Thomas

Respondent

State of Kerala

Excerpt

.....of first class -i,thrissur petitioner/accused no.2: biji thomas, aged 41 years s/o. thomas residing at kanjiramadathil house, thumpamon north, elavumthitta, pathanamthitta district, pin - 689625 by adv millu dandapani respondents/state & defacto complainant: 1 state of kerala represented by the public prosecutor. high court of kerala, ernakulam, pin - 682031 2 jim paul cg, s/o. not known, presently working as deputy superintended of police, vigilance and anti- corruption bureau, thrissur, pin - 680022 other present: renjith tr pp this criminal misc. case having come up for admission on 25.09.2023, the court on the same day passed the following: crl.m.c.5776/2023 2p. v. kunhikrishnan, j.crl.m.c.no.5776 of 2023 dated this the 25th day of september, 2023orderthe petitioner is the accused in c.c.no.2538/2016 on the file of the judicial first class magistrate court-i, thrissur arising from crime no.1922/2012 of thrissur east police station. the above case is chargesheeted for offences punishable under sections 143, 147, 341, 353 r/w 149 of the indian penal code.2. the prosecution case is that on 07.09.2012 at about11.30a.m, the 2nd respondent while discharging his official vip duty while working as the inspector of police, control room, thrissur district, the petitioner herein along with other accused, who are reporters from the news media, restrained the 2 nd respondent from performing his official duty and caught hold of his shirt collar and pushed him aside and thereby committed the aforesaid offences.3. the counsel for the petitioner submitted that, even if the entire allegations are accepted, no offence is made out. learned public prosecutor submitted that this is a matter of evidence. crl.m.c.5776/2023 34. i do not want to make any observation about the same.this is a crime registered in the year 2012 and the calendar case was registered in the year 2016. for that simple reason, i do not want to interfere with this matter invoking the powers under.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945 CRL.MC NO. 5776 OF 2023 AGAINST THE ORDER IN CC 2538/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,THRISSUR PETITIONER/ACCUSED NO.2: BIJI THOMAS, AGED 41 YEARS S/O. THOMAS RESIDING AT KANJIRAMADATHIL HOUSE, THUMPAMON NORTH, ELAVUMTHITTA, PATHANAMTHITTA DISTRICT, PIN - 689625 BY ADV MILLU DANDAPANI RESPONDENTS/STATE & DEFACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR. HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 JIM PAUL CG, S/O. NOT KNOWN, PRESENTLY WORKING AS DEPUTY SUPERINTENDED OF POLICE, VIGILANCE AND ANTI- CORRUPTION BUREAU, THRISSUR, PIN - 680022 OTHER PRESENT: RENJITH TR PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.5776/2023 2
P. V. KUNHIKRISHNAN, J.
Crl.M.C.No.5776 of 2023 Dated this the 25th day of September, 2023

ORDER

The petitioner is the accused in C.C.No.2538/2016 on the file of the Judicial First Class Magistrate Court-I, Thrissur arising from Crime No.1922/2012 of Thrissur East Police Station. The above case is chargesheeted for offences punishable under sections 143, 147, 341, 353 r/w 149 of the Indian Penal Code.

2. The prosecution case is that on 07.09.2012 at about

11.30a.m, the 2nd respondent while discharging his official VIP duty while working as the Inspector of Police, Control Room, Thrissur district, the petitioner herein along with other accused, who are reporters from the news media, restrained the 2 nd respondent from performing his official duty and caught hold of his shirt collar and pushed him aside and thereby committed the aforesaid offences.

3. The counsel for the petitioner submitted that, even if the entire allegations are accepted, no offence is made out. Learned Public Prosecutor submitted that this is a matter of evidence. Crl.M.C.5776/2023 3

4. I do not want to make any observation about the same.

This is a crime registered in the year 2012 and the calendar case was registered in the year 2016. For that simple reason, I do not want to interfere with this matter invoking the powers under Section 482 Cr.P.C. If the petitioner has got a case that no offence is made out, the petitioner is free to file appropriate proceeding under Section 258 Cr.P.C to drop the proceedings. If such an application is filed, the learned Magistrate will consider the same and pass appropriate orders in it before proceeding with it. With the above directions, this Crl.M.C is disposed. Sd/- P. V. KUNHIKRISHNAN JUDGE Sbna/ Crl.M.C.5776/2023 4 APPENDIX OF CRL.MC 5776/2023 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE FIR ALONG WITH FIS IN CRIME. NO. 1922 OF 2012 ON THE FILES OF THRISSUR EAST POLICE STATION, THRISSUR Annexure A2 CERTIFIED COPY OF THE FINIAL REPORT IN C C. NO 2538/2016 ON THE FILES OF JUDICIAL FIRST-CLASS MAGISTRATE COURT-I, THRISSUR

Same Court & Year Kerala Orders · 2023 Same Parties Biji Thomas vs State of Kerala Same Judge Honourable Mr. Justice P.V.Kunhikrishnan