Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 1ST DAY OF NOVEMBER 2023/10TH KARTHIKA, 1945 CRL.MC NO. 5953 OF 2023 CRIME NO.133/2023 OF Ambalappuzha Police Station, Alappuzha AGAINST THE ORDER/JUDGMENT CC 408/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,AMBALAPUZHA PETITIONER/S:
ROBIN, AGED 24 YEARS PUTHUVAL HOUSE, KOMANA MURI, AMBALAPUZHA SOUTH PANCHAYATH, ALAPPUZHA, PIN - 688561 BY ADVS. M.R.ARUNKUMAR P.T.BINDURAJ P.SHAMMI NAVAS RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY ADV PUBLIC PROSECUTOR OTHER PRESENT: SMT SREEJA V, PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: -2-
P.V.KUNHIKRISHNAN, J.
====================================================== ============================================================= Dated this the 1st day of November, 2023
ORDER
This Criminal Miscellaneous Case is filed to quash the proceedings in C.C.No.408 of 2023 on the file of the Judicial First Class Magistrate Court, Ambalapuzha, arising from Crime No.133 of 2023 of Ambalapuzha Police Station. The above case is charge- sheeted alleging offences punishable under Sections 143, 147, 294(b), 506(i) and 353 read with Section 149 of the Indian Penal Code. The petitioner is the 2nd accused in the above case.
2. The prosecution case is that the petitioner and other
accused formed themselves into an unlawful assembly and used filthy language and obstructed the police officials from doing their official duty. According to the petitioner, even if the entire allegations are accepted, no offence is made out. The counsel for the petitioner takes me through Section 161 Cr.P.C statement of the witnesses and submitted that the name of the petitioner is not mentioned by any of the witnesses. It is also submitted that, the alleged act is to be ignored -3- in the light of Section 95 IPC. Therefore, there is no chance for conviction is the submission. It is also submitted that there is no identification parade conducted and therefore the chance for conviction of the petitioner is remote. It is submitted that the petitioner now obtained a job in Boarder Security Force and he already joined for the same. If this case is continuing, there will be difficulty in continuing his job, is the submission.
3. I think considering the peculiar facts and circumstances of
this case, there can be a direction to the petitioner to file a discharge petition before the trial court, narrating all the above contentions. If such a discharge petitions if filed, there can be a direction to consider the same, without insisting the presence of the petitioner. Therefore, this Criminal Miscellaneous Case is disposed of in the following manner:
1. The petitioner is free to file a discharge petition before the trial court, within two weeks from the date of receipt of a stamped certified copy of this order, if charge is not framed. -4-
2. Once such a discharge petition is received, the trial
court will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner and the Prosecutor concerned, within a period of two weeks from the date of receipt of the discharge petition.
3. If a discharge petition is filed as directed above, the presence of the petitioner shall not be insisted by the trial court, till final orders are passed in the discharge petition.
4. All the contentions raised by the petitioner in this
criminal miscellaneous case are left open. sd/- P.V.KUNHIKRISHNAN JUDGE das -5- APPENDIX OF CRL.MC 5953/2023 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT WITH FIRST INFORMATION STATEMENT IN CRIME NO. 133 OF 2023 OF AMBALAPUZHA POLICE STATION Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 133 OF 2023 OF AMBALAPUZHA POLICE STATION Annexure A3 COPY OF THE RELEVANT PAGE OF ADMIT CARD FOR 1ST PHASE EXAMINATION TO THE GROUP 'C' POSTS IN BSF CONSTABLE (TRADESMAN) EXAM 2021 - 2022 Annexure A4 COPY OF THE RELEVANT PAGE OF E - ADMIT
CARD FOR 2ND PHASE WRITTEN EXAMINATION TO THE GROUP 'C' POSTS IN BSF CONSTABLE (TRADESMAN) EXAM 2021 - 2022 Annexure A5 COPY OF THE RELEVANT PAGE OF E - ADMIT CARD FOR 3RD PHASE EXAMINATION TO THE POST OF CONSTABLE (TRADESMAN) IN BSF 2021 - 2022 Annexure A6 COPY OF THE COMMUNICATION LETTER IN RESPECT OF OFFER OF APPOINTMENT FOR THE POST OF CONSTABLE (TRADESMAN) IN BSF 2021 - 2022 DATED 13.6.2023 RECEIVED BY THE PETITIONER