Kerala High Court
Dinesh vs State Of Kerala on 11 April, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
CRL.MC NO. 2474 OF 2024
CRIME NO.387/2023 OF Town North Police Station, Palakkad
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.754 OF 2023 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -II,PALAKKAD
PETITIONER/1ST ACCUSED:
DINESH
AGED 55 YEARS
S/O. CHANDRAN, CHANDRAKANTHAM, MANKAVU KALAM, MANKAVU,
PALAKKAD, PIN - 678001.
BY ADV SHABU SREEDHARAN
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
SRI. T.R. RANJITH (PUBLIC PROSECUTOR)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 2474 OF 2024
2
BECHU KURIAN THOMAS, J.
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Crl.M.C. No. 2474 of 2024
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Dated this the 11th day of April, 2024
ORDER
Petitioner is the 1st accused in C.C.No. 754/2023 on the files of the Judicial Fist Class magistrate's Court-II, Palakkad. The offence arise out of Crime No. 387 /2023 of Palakkad Town North Police Station. According to the prosecution, the accused had trespassed into the compound of the western side of the temple and, using a pick axe, destroyed the concrete platform constructed for poojas and caused a loss of more than Rs.8,000/- and thereby committed the offences under Section 447 and 427 r/w Section 34 of the Indian Penal Code, 1860.
2. I have heard Sri.Shabu Sreedharan, the learned counsel for the petitioner as well as Sri.Renjith T.R., the learned Public Prosecutor.
3. It was contended that accused 2 to 4 had obtained discharge from the case, by judgment dated 21-02-2024 in Crl.R.P.No. 206/2024 and therefore the petitioner should also be given the same benefit. It was further submitted that the entire CRL.MC NO. 2474 OF 2024 3 allegations can only reveal a civil dispute, and therefore the criminal proceedings ought to be quashed.
4. Sri.Renjith T.R., the learned Public Prosecutor on the other hand, contended that the issue fell within the realm of the disputed facts and therefore the provisions of Section 482 of Cr.P.C. cannot be invoked.
5. On a perusal of Annexure-12 order in Crl.R.P.2061/2024 it is noticed that this Court has discharged accused 2 to 4, stating that the continuance of proceedings against them will be a futile exercise. It is also observed that no material has been collected to show the involvement of accused 2 to 4 in the crime. However, 7. Though the petitioner asserted that, as a co-owner, the petitioner cannot be mulcted with the offence of criminal trespass, I am of the view that those are all matters to be considered at the time of trial, especially since the allegation as regards the offence under Section 427 is mainly against the petitioner.this Court further observes that the main allegations are against accused No.1.
6. Though the petitioner asserted that, as a co-owner, the petitioner cannot be mulcted with the offence of criminal trespass, I am of the view that those are all matters to be considered at the time of trial, especially since the allegation as regards the offence under Section 427 is mainly against the petitioner.
CRL.MC NO. 2474 OF 2024 4
7. On a perusal of the allegations in the final report, it is revealed that the 1st accused is alleged to have destroyed a 'Balalayam' using an axe and thereby committed the offences under Sections 447 and 427 IPC. Whether such an incident occurred or not and whether the petitioner has any involvement in the said crime is a matter which can be decided only after trial. Therefore, the invocation of the remedy under Section 482 of Cr.P.C. is not legally proper.
Accordingly, I find no merit in this Crl.M.C and it is dismissed.
BECHU KURIAN THOMAS JUDGE AJM CRL.MC NO. 2474 OF 2024 5 APPENDIX OF CRL.MC 2474/2024 PETITIONER ANNEXURES Annexure-1 THE CERTIFIED COPY OF THE FIS DATED 16.4.2023 IN CRIME NO. 387/2023 OF PALAKKAD TOWN NORTH POLICE STATION. Annexure-2 THE CERTIFIED COPY OF THE FIR DATED 16.4.2023 IN CRIME NO. 387/2023 OF PALAKKAD TOWN NORTH POLICE STATION. Annexure-3 THE TRUE COPY OF THE ORDER CRL MC NO. 1684/2023 DATED 4.5.2023 OF THE 1ST ADDL. SESSIONS COURT, PALAKKAD. Annexure-4 THE TRUE COPY OF THE REPORT DATED 10.5.2023 FILED BY THE SI OF POLICE, PALAKKAD TOWN NORTH POLICE BEFORE THE CJM COURT, PALAKKAD.
Annexure-5 THE TRUE COPY OF THE CHARGE SHEET DATED 7.6.2023 IN CRIME NO. 387/2023 OF PALAKKAD TOWN NORTH POLICE STATION.
Annexure-6 THE TRUE COPY OF THE SCENE MAHAZAR DATED 17.4.2023 IN CRIME NO.
387/2023 OF PALAKKAD TOWN NORTH POLICE STATION.
Annexure-7 THE TRUE COPY OF THE MAHAZURE DATED 26.4.2023 OF THE PEN DRIVE CONTAINING THE CCTV FOOTAGE IN CRIME NO. 387/2023 OF PALAKKAD TOWN NORTH POLICE STATION.
Annexure-8 THE TRUE COPY OF THE MEMORANDUM OF EVIDENCE DATED NIL IN CRIME NO.
387/2023 OF PALAKKAD TOWN NORTH POLICE STATION.
Annexure-9 THE TRUE COPY OF THE STATEMENTS OF CRL.MC NO. 2474 OF 2024 6 WITNESSES OF VARIOUS DATES IN CRIME NO. 387/2023 OF PALAKKAD TOWN NORTH POLICE STATION.
Annexure-10 THE TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN CRL MC NO.
9360/2023 DATED 8.11.2023.
Annexure-11 THE TRUE COPY OF THE ORDER IN CMP NO. 9037/2023 DATED 4.1.2024 OF THE JFCM COURT-II, PALAKKAD.
Annexure-12 THE TRUE COPY OF THE ORDER IN CRL RP NO. 206/2024 DATED 21.2.2024 OF THIS HON'BLE COURT.
Annexure-13 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO.
21364/2020 DATED 19.6.2023.