Mohammed Devahar T.T Vs. Union Territory of Lakshadweep - Court Judgment

SooperKanoon Citationsooperkanoon.com/1137042
CourtKerala High Court
Decided OnApr-01-2014
JudgeHONOURABLE MR. JUSTICE K.RAMAKRISHNAN
AppellantMohammed Devahar T.T
RespondentUnion Territory of Lakshadweep
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr. justice k.ramakrishnan tuesday, the1t day of april201411th chaithra, 1936 crl.mc.no. 1747 of 2014 (g) --------------------------------------- [to quash annexure a2 f.i.r in crime no.9/2011 of kalpeni police station, and all proceedings pursuant thereto] ........... petitioner: ------------------- mohammed devahar t.t, s/o. kasmikoya c.g, thaithottam (h), kalpeni island, union territory of lakshadweep,pin - 682 557. by advs.sri.a.a.ziyad rahman, sri.p.m.zafarullah, sri.lal k.joseph, sri.v.s.shiraz bava, sri.joseph kurian vallamattam. respondents: ------------------------ 1. union territory of lakshadweep, represented by its administrator, administration of union territory of lakshadweep, secretariat, kavaratti - 682 555.2. the sub inspector of police, kalpeni, union territory of lakshadweep, pin - 682 557. by sri.s.radhakrishnan,s.c. this criminal misc. case having come up for admission on0104-2014, the court on the same day passed the following: prv. crl.m.c. no.1747/2014-g: appendix petitioner's annexures: annexure a1 : true copy of the select list bearing no.f no.1/17/2012- estt(pol) dated3005.2013. annexure a2 : true copy of the first information report dated2910.2011 in crime no.9/2011 of kalpeni police station. respondents' annexures: nil. //true copy// p.a. to judge. prv. k. ramakrishnan, j.============================== crl.m.c.no.1747 of 2014 ============================== dated this, the 01st day of april, 2014. order this is an application filed by the unfortunate petitioner who is arrayed as an accused in crime no.9/11 of kalpeni police station of union territory of lakshdweep to quash the proceedings under section 482 of code of criminal procedure.2. it is alleged in the petition that the petitioner is a jobless youth and is aspiring to get a government employment. in respect of an agitation occurred in the year 2011, police has suo moto registered a case as crime no.9/11 alleging offences under sections 143, 341, 186 read with section 149 of indian penal code of kalpeni police station, union territory of lakshdweep against some named persons and other 40 identifiable persons and the present petitioner was shown as 16th accused in the first information report. now, he has been in the selection list of police department. on account of the pendency of the case, he is likely to lose his employment opportunity. in fact, he was not aware of the pendency of the case. only when he asked for police crl.m.c.no.1747 of 2014 :2. : verification report, then only he came to know about the pendency of this case. more than 3 years and 5 months has lapsed and no final report has been filed so far which is barred under section 468 of code of criminal procedure and on the ground of delay itself it is to be quashed. so, he has no other option except to approach this court seeking the following relief: "to quash annexure a2 fir crime no.9/2011 of kalpeni police station and further proceedings pursuant thereto." 3. heard the counsel for the petitioner and the standing counsel for respondents.4. the counsel for the petitioner submitted that, for the last 3 and half years after registering the crime, nothing has been forthcoming to complete the investigation and on account of the pendency of the crime, he is likely to lose his employment opportunity.5. on the other hand, the standing counsel for the respondents submitted that effective steps have been taken for completion of the investigation and final report will be filed soon.6. it is an admitted fact that the present crime shown crl.m.c.no.1747 of 2014 :3. : as annexure 2 was registered in the year 2011 and the petitioner was shown as 16th accused and admittedly, no final report has been filed so far. since it is in the investigation stage, it is not proper for this court at this stage to consider whether the crime has to be quashed as against the petitioner alone invoking the power under section 482 of code of criminal procedure on the ground of limitation. the investigating agency may appraise the concerned magistrate court and seek extension of time for completing the investigation and that is within the domain of that magistrate. further, the counsel for the petitioner submitted that there is no possibility of conviction because of large number of persons involved in the alleged commission of crime and identification of those persons at the time of trial will be remote possibility. that also is not a ground for quashing the complaint at this stage. however, considering the grievance of the petitioner, this court feels that the petition can be disposed of as follows: the second respondent, the investigating officer is directed to take earnest attempt to complete the investigation and file final report as expeditiously as possible at any rate within 3 months from today. the investigating officer is at crl.m.c.no.1747 of 2014 :4. : liberty to conduct the investigation regarding the role played by the petitioner and also ascertain as to whether he has really involved in the incident and file a report regarding him in the meantime. with the above observation and direction, the petition is disposed of. sd/- k.ramakrishnan, judge. bb [true copy] p.a to judge
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN TUESDAY, THE1T DAY OF APRIL201411TH CHAITHRA, 1936 Crl.MC.No. 1747 of 2014 (G) --------------------------------------- [TO QUASH ANNEXURE A2 F.I.R IN CRIME NO.9/2011 OF KALPENI POLICE STATION, AND ALL PROCEEDINGS PURSUANT THERETO] ........... PETITIONER: ------------------- MOHAMMED DEVAHAR T.T, S/O. KASMIKOYA C.G, THAITHOTTAM (H), KALPENI ISLAND, UNION TERRITORY OF LAKSHADWEEP,PIN - 682 557. BY ADVS.SRI.A.A.ZIYAD RAHMAN, SRI.P.M.ZAFARULLAH, SRI.LAL K.JOSEPH, SRI.V.S.SHIRAZ BAVA, SRI.JOSEPH KURIAN VALLAMATTAM. RESPONDENTS: ------------------------ 1. UNION TERRITORY OF LAKSHADWEEP, REPRESENTED BY ITS ADMINISTRATOR, ADMINISTRATION OF UNION TERRITORY OF LAKSHADWEEP, SECRETARIAT, KAVARATTI - 682 555.

2. THE SUB INSPECTOR OF POLICE, KALPENI, UNION TERRITORY OF LAKSHADWEEP, PIN - 682 557. BY SRI.S.RADHAKRISHNAN,S.C. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON0104-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. CRL.M.C. NO.1747/2014-G: APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1 : TRUE COPY OF THE SELECT LIST BEARING NO.F NO.1/17/2012- ESTT(POL) DATED3005.2013. ANNEXURE A2 : TRUE COPY OF THE FIRST INFORMATION REPORT DATED2910.2011 IN CRIME NO.9/2011 OF KALPENI POLICE STATION. RESPONDENTS' ANNEXURES: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. K. Ramakrishnan, J.

============================== Crl.M.C.No.1747 of 2014 ============================== Dated this, the 01st day of April, 2014. ORDER

This is an application filed by the unfortunate petitioner who is arrayed as an accused in Crime No.9/11 of Kalpeni Police Station of Union Territory of Lakshdweep to quash the proceedings under Section 482 of Code of Criminal Procedure.

2. It is alleged in the petition that the petitioner is a jobless youth and is aspiring to get a Government employment. In respect of an agitation occurred in the year 2011, police has suo moto registered a case as Crime No.9/11 alleging offences under Sections 143, 341, 186 read with Section 149 of Indian Penal Code of Kalpeni Police station, Union Territory of Lakshdweep against some named persons and other 40 identifiable persons and the present petitioner was shown as 16th accused in the First Information Report. Now, he has been in the selection list of Police Department. On account of the pendency of the case, he is likely to lose his employment opportunity. In fact, he was not aware of the pendency of the case. Only when he asked for police Crl.M.C.No.1747 of 2014 :

2. : verification report, then only he came to know about the pendency of this case. More than 3 years and 5 months has lapsed and no final report has been filed so far which is barred under Section 468 of Code of Criminal Procedure and on the ground of delay itself it is to be quashed. So, he has no other option except to approach this court seeking the following relief: "To quash Annexure A2 FIR Crime No.9/2011 of Kalpeni Police Station and further proceedings pursuant thereto." 3. Heard the Counsel for the petitioner and the Standing Counsel for respondents.

4. The Counsel for the petitioner submitted that, for the last 3 and half years after registering the crime, nothing has been forthcoming to complete the investigation and on account of the pendency of the crime, he is likely to lose his employment opportunity.

5. On the other hand, the Standing Counsel for the respondents submitted that effective steps have been taken for completion of the investigation and final report will be filed soon.

6. It is an admitted fact that the present crime shown Crl.M.C.No.1747 of 2014 :

3. : as Annexure 2 was registered in the year 2011 and the petitioner was shown as 16th accused and admittedly, no final report has been filed so far. Since it is in the investigation stage, it is not proper for this court at this stage to consider whether the crime has to be quashed as against the petitioner alone invoking the power under Section 482 of Code of Criminal procedure on the ground of limitation. The investigating agency may appraise the concerned magistrate court and seek extension of time for completing the investigation and that is within the domain of that magistrate. Further, the Counsel for the petitioner submitted that there is no possibility of conviction because of large number of persons involved in the alleged commission of crime and identification of those persons at the time of trial will be remote possibility. That also is not a ground for quashing the complaint at this stage. However, considering the grievance of the petitioner, this court feels that the petition can be disposed of as follows: The second respondent, the investigating officer is directed to take earnest attempt to complete the investigation and file final report as expeditiously as possible at any rate within 3 months from today. The investigating officer is at Crl.M.C.No.1747 of 2014 :

4. : liberty to conduct the investigation regarding the role played by the petitioner and also ascertain as to whether he has really involved in the incident and file a report regarding him in the meantime. With the above observation and direction, the petition is disposed of. Sd/- K.Ramakrishnan, Judge. Bb [True copy] P.A to Judge