Satheeshkumar vs State Of Kerala

Kerala High Court

Satheeshkumar vs State Of Kerala on 21 May, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
        TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                     CRL.REV.PET NO. 490 OF 2024
    CRIME NO.1563/2023 OF SASTHAMCOTTA POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT DATED 03.04.2024 IN SC NO.71 OF 2024 OF
           FAST TRACK SPECIAL COURT (POCSO), KARUNAGAPPALLY
REVISION PETITIONER/PETITIONER/ACCUSED:

            SATHEESHKUMAR
            AGED 47 YEARS
            S/O.KARUNAKARAN PILLAI,
            PULIVILA PUTHEN VEEDU,
            MYNAGAPPALLY, KOLLAM, PIN - 690519

            BY ADVS.
            K.SIJU
            S.ABHILASH
            ANJANA KANNATH
            MARIYA JOSE
            JOSHNA JOY



RESPONDENT/STATE:

    1       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA,
            ERNAKULAM, PIN - 682031

    2       INSPECTOR OF POLICE
            SASTHAMCOTTA POLICE STATION,
            KOLLAM DISTRICT, PIN - 690521

            SRI.RENJIT GEORGE, SR.PUBLIC PROSECUTOR

     THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.REV.PET NO. 490 OF 2024
                                 2



                            ORDER

Dated this the 21st day of May, 2024 This is a petition filed under Sections 397 and 401 of the Code of Criminal Procedure, challenging order dated 03.04.2024 in Crl.M.P.No.145/2024 in S.C.No.71/2024 on the files of the Special Court under the PoCSO Act, Karunagappally.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the available materials, including the impugned order.

3. The grievance advanced by the learned counsel for the petitioner is that the order passed is a cryptic order, without considering the contentions in the petition. It is also pointed out by the learned counsel for the petitioner further that, as per the police charge, offence under Section 3(2)(V) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, (hereinafter referred to as 'SC/ST (POA) Act' for short) is alleged and the same in no way CRL.REV.PET NO. 490 OF 2024 3 attracts in this matter since no offence under the Indian Penal Code, punishable for a period of ten years, involved in the police charge.

4. The learned Public Prosecutor also conceded such an anomaly is there in the police charge while justifying other charges.

5. The learned counsel for the petitioner is much aggrieved in the matter of allegation of commission of offence under Section 3(2)(V) of the SC/ST (POA) Act, in a case, no such foundation is made out. He also submitted that an opportunity may be ensured for the accused to hear his contention at the time of framing charge, so as to frame charge for the offences which could be prima facie made out from the records. This prayer is not opposed by the learned Public Prosecutor also.

6. Since the contention raised by the petitioner in the matter of alleging commission of offence under Section 3(2) (V) of the SC/ST (POA) Act is found to be prima facie CRL.REV.PET NO. 490 OF 2024 4 sustainable, while confirming the dismissal order in the discharge petition, impugned herein, there shall be a direction to the learned Special Judge to hear and consider the arguments, at the instance of the counsel for the petitioner, before framing charge and the learned Special Judge is directed to frame charge only for the materials which could be gathered, prima facie, from the charge and ensure that the offence/s, if any, not made out from the prosecution records shall be excluded while framing charge.

Sd/-

A. BADHARUDEEN JUDGE nkr CRL.REV.PET NO. 490 OF 2024 5 APPENDIX OF CRL.REV.PET 490/2024 PETITIONER ANNEXURES ANNEXURE A1 THE COPY OF FIR IN CRIME NO.1563/2023 OF SASTHAMCOTTA POLICE STATION DATED 04.10.2023 ANNEXURE A2 THE COPY OF FINAL REPORT DATED 16.1.2024 IN CRIME NO.1563/2023 OF SASTHAMCOTTA POLICE STATION ANNEXURE A3 THE COPY PETITION FOR DISCHARGE FILED BY TEH REVISION PETITIONER AS CRL.M.P.NO.145/2024 DATED1.3.2024 RESPONDENTS ANNEXURES : NIL