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Sunrise vs State of Kerala

Sunrise vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 20, 2019
~3 min read
https://sooperkanoon.com/case/1865699

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Crl.MC/2324/2018

Parties & Advocates

Appellant / Petitioner

Sunrise

Respondent

State of Kerala

Excerpt

.....village, nedumangad, thiruvananthapuram district. 2 deepak, s/o. prethymnon, aged 28 years, eenthikkunnu house, pankode, vattarathala, anad village, nedumangad, thiruvananthapuram district. by adv. sri.latheesh sebastian respondents/state & de facto complainant:1 state of kerala, represented by public prosecutor, high court of kerala, ernakulam. 2 station house officer, nedumangad police station, thiruvananthapuram district-695 541. 3 jalaja, aged 51 years, d/o.syamala, kunnumpurathu house, pankode, anad muri, nedumangad, thiruvananthapuram district - 695 541. by advs. sri.v.g.arun sri.adithya rajeev sri.arjun raghavan sri.t.r.harikumarother present: public prosecutor smt. maya m. n. this criminal misc. case having been finally heard on 20.02.2019, the court on the same day passed the following: crl.mc:2324/2018 2orderthe petitioners herein are the accused in c.c. no.1900 of 2017on the file of the judicial magistrate of first class-ii, nedumangad. they have been arraigned for having committed offence punishable under section 294(b) of the ipc. they seek to quash the proceedings on the ground that the materials in the final report would not make out ingredients of the offence under section 294(b) of the ipc.2. heard the learned counsel appearing for the petitioners, the learned public prosecutor and the learned counsel appearing for the 3 rd respondent.3. the learned counsel appearing for the 3rd respondent hasproduced copy of the order dated 30.4.2018 passed by the learned magistrate in a petition filed under section 258 of the cr.p.c. by the petitioners herein. the learned magistrate after considering the rival submissions came to the conclusion that section 294(b) of the ipc is not made out. it was found that a prima facie case is made out for the offence under section 354 r/w section 34 of the ipc. holding so, the said petition was dismissed. the learned magistrate has also held that a charge need to be framed against the petitioners under sections.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V WEDNESDAY, THE 20TH DAY OF FEBRUARY 2019 / 1ST PHALGUNA, 1940 Crl.MC.No. 2324 of 2018 AGAINST THE ORDER/JUDGMENT IN CC NO.1900/2017 OF THE JUDICIAL MAGISTRATE OF FIRST CLASS -II, NEDUMANGAD CRIME NO.779/2017 OF NEDUMANGAD POLICE STATION, THIRUVANANTHAPURAM PETITIONERS/ACCUSED: 1 SUNRISE, S/O. PRETHYMNON, AGED 30 YEARS, EENTHIKKUNNU HOUSE, PANKODE, VATTARATHALA, ANAD VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT. 2 DEEPAK, S/O. PRETHYMNON, AGED 28 YEARS, EENTHIKKUNNU HOUSE, PANKODE, VATTARATHALA, ANAD VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS/STATE & DE FACTO COMPLAINANT:

1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2 STATION HOUSE OFFICER, NEDUMANGAD POLICE STATION, THIRUVANANTHAPURAM DISTRICT-695 541. 3 JALAJA, AGED 51 YEARS, D/O.SYAMALA, KUNNUMPURATHU HOUSE, PANKODE, ANAD MURI, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT - 695 541. BY ADVS. SRI.V.G.ARUN SRI.ADITHYA RAJEEV SRI.ARJUN RAGHAVAN SRI.T.R.HARIKUMAR

OTHER PRESENT: PUBLIC PROSECUTOR SMT. MAYA M. N. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 20.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC:2324/2018 2

ORDER

The petitioners herein are the accused in C.C. No.1900 of 2017

on the file of the Judicial Magistrate of First Class-II, Nedumangad. They have been arraigned for having committed offence punishable under Section 294(b) of the IPC. They seek to quash the proceedings on the ground that the materials in the final report would not make out ingredients of the offence under Section 294(b) of the IPC.

2. Heard the learned counsel appearing for the petitioners, the learned Public Prosecutor and the learned counsel appearing for the 3 rd respondent.

3. The learned counsel appearing for the 3rd respondent has

produced copy of the order dated 30.4.2018 passed by the learned Magistrate in a petition filed under Section 258 of the Cr.P.C. by the petitioners herein. The learned Magistrate after considering the rival submissions came to the conclusion that Section 294(b) of the IPC is not made out. It was found that a prima facie case is made out for the offence under Section 354 r/w Section 34 of the IPC. Holding so, the said petition was dismissed. The learned Magistrate has also held that a charge need to be framed against the petitioners under Sections 354

CRL.MC:2324/2018 3 and 323 r/w. Section 34 of the IPC. The said order was passed after filing of the instant petition and at the instance of the petitioners.

4. In view of the above, the prayer seeking to quash the

proceedings on the ground that the ingredients of the offence under Section 294(b) is not made out has become infructuous. The petitioners have no case that they are aggrieved by Annexure-R3(a)

order dated 30.4.2018. The said fact is also suppressed from the eyes

of this Court. Having regard to the entire aspects, I am not inclined to interfere with the proceedings.

This petition will stand dismissed. Sd/- RAJA VIJAYARAGHAVAN V., JUDGE krj CRL.MC:2324/2018 4 APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO. 779/2017 OF NEDUMANGAD POLICE STATION. ANNEXURE A2 TRUE COPY OF THE FINAL REPORT OF THE 2ND RESPONDENT IN CRIME NO. 779/20117 SUBMITTED BEFORE THE JFMC-II, NEDUMANGAD.

ANNEXURE A3 TRUE COPY OF THE FINAL REPORT IN CRIME NO. RESPONDENTS’ EXHIBITS:- ANNEXURE-R3(A):- A TRUE COPY OF THE ORDER DATED 30/04/2018 IN CMP 4087/2018 IN CC NO.1900/2017 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, NEDUMANGAD.

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