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. 9438 OF 2022 CRIME NO.126/2018 OF Anchuthengu Police Station, Thiruvananthapuram AGAINST THE ORDER/JUDGMENT CC 594/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,VARKALA PETITIONER/S: SAJAY AGED 31 YEARS PANDAKASHALA HOUSE, MEKKUMURI, ANCHUTHENGU VILLAGE, THIRUVANANTHAPURAM., PIN - 605036 BY ADV S.NIDHEESH RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE SUB INSPECTOR OF POLICE ANCHUTHENGU POLICE STATION. ANCHUTHENGU, THIRUVANANTHAPURAM, PIN - 695309 BY ADV PUBLIC PROSECUTOR OTHER PRESENT: SRI.RENJITH.T.R, 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
The above Crl.M.C is filed to quash the proceedings in CC No.594 of 2019 on the file of the Judicial First Class Magistrate Court, Varkala arising from Crime No.126 of 2018 of Anchuthengu Police Station, Thiruvananthapuram. The above case is charge sheeted alleging offences punishable under Sections 143, 147 and 353 read with 149 IPC.
2. The prosecution case is that the accused formed
themselves into an unlawful assembly and obstructed the official duty of Charge Witness No.1. According to the petitioner, even if the entire allegations are accepted, the offence under section 353 IPC is not made out. Hence, this Crl.M.C is filed.
3. When this Crl.M.C came up for consideration, this court passed a detailed interim order. It will be beneficial to extract the
order dated 22.12.2022 here:
-3- “Admit. Learned Public Prosecutor takes notice for the respondents. Crl.M.A. No. 1 of 2022 The prosecution which is under challenge in this Crl.M.C is for the offences punishable under Sections 143, 147, 149 and 353 of Indian Penal Code.
2. The specific contention raised by the learned counsel for
the petitioner is that, the allegations contained in the Annexure-1 final report and the materials placed along with them, do not contain necessary ingredients for attracting the offences alleged. It is pointed out that, one of the basic ingredients for making out the offence under Section 353 of IPC is use of criminal force and as per the contents of the final report, the same is lacking. On perusal of the records, I find, a prima facie, case in favour of the petitioner, therefore, there shall be an interim stay, further proceedings against the petitioner in C.C. No. 594 of 2019 on the files of the Judicial First Class Magistrate’s Court-I, Varkala for a period of three months.”
4. Today, when the matter came up for extension of interim
order, I am of the considered opinion that since the Calendar Case is registered in the year 2019 and the Crime was registered in the year 2018, this Crl.M.C need not be retained here indefinitely. There can be a direction to the petitioner to file a discharge petition, narrating the contentions raised in this Crl.M.C before the trial court and if such an -4- application is 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 three weeks from the date of receipt of a stamped certified copy of this order, if charge is not framed.
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 six 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 9438/2022 PETITIONER ANNEXURES Annexure1 : TRUE COPY OF THE ORDER IN B.A 1904/18 DATED 27.3.2018 Annexure 2 CERTIFIED COPY OF THE CHARGE SHEET IN C.C 594/19 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, VARKALA.