Kerala High Court
Dhanesh P.K vs Station House Officer on 13 September, 2024
Crl. M. C. No. 2840 of 2020
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2024:KER:69992
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
CRL.MC NO. 2840 OF 2020
CRIME NO.118/2013 OF CHAKKARAKKAL POLICE SATION, KANNUR
AGAINST THE ORDER IN SC NO.917 OF 2019 OF ADDITIONAL
DISTRICT COURT & I ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIBUNAL,THALASSERY
PETITIONER/S:
DHANESH P.K.,
AGED 31 YEARS
S/O.UTHAMAN, RESIDING AT DHANESH NILAYAM,
THATTYODE, MUZHAPPALA P.O., MAMBA, KANNUR - 670
611
BY ADV C.K.SREEJITH
RESPONDENT/S:
1 STATION HOUSE OFFICER,
CHAKKARAKALLU POLICE STATION, KANNUR DIST.,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682 031
2 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682031
3 K.P.RIJIL KUMAR,
S/O.UTHAMAN, AGED 31 YEARS, KPR HOUSE, KANJIROD
HOUSE, THALAMUNDA DESOM, APPAKADAVU, KOODALI,
KANNUR - 670 592
4 UTHAMAN K.V.,
S/O.KUNJIRAMAN, AGED 56 YEARS, KPR HOUSE,
Crl. M. C. No. 2840 of 2020
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2024:KER:69992
KANJIROD HOUSE, THALAMUNDA DESOM, APPAKADAVU,
KOODALI, KANNUR - 670 592
BY ADVS MARY RANZOM LOUIZ
NIMA JACOB, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 13.09.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl. M. C. No. 2840 of 2020
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2024:KER:69992
ORDER
This Crl. M. C. has been filed challenging the proceedings in S. C. No. 917 of 2019 of the Additional District and Sessions Court, Thalassery. Offences alleged against the petitioner who is the 4th accused are under Sections 143, 147, 148, 452, 427, 308 read with 149 of IPC and Sections 3 and 5 of the Explosive Substances Act, 1908. The case of the petitioner is that he has been arrayed as an accused on mistaken identity and the actual offender is another person with the same name. The petitioner also stated that the injured persons have settled the matter. Along with the Crl. M. C., affidavits of the 3 rd and 4th respondents have also been produced as Annexure A6 and A7. I note that respondents 3 and 4 have stated in their respective affidavits that one of the assailants is Koorante Pothekollyan Dhanesh and due to a mistake the petitioner was arrested by the Police and implicated in this case. They further stated that they have no objection in quashing the case against the petitioner. Still further they said that they had intimated the matter to the Police Crl. M. C. No. 2840 of 2020 -4- 2024:KER:69992 and they do not have any subsisting grievance against the petitioner.
2. The learned Public Prosecutor was directed to obtain instructions from the Station House Officer, Chakkarakkallu Police Station, regarding the settlement arrived at between the petitioner and respondents 3 and 4. The SHO recorded statements of respondents 3 and 4. They stated to the Police that they still have grievances against the petitioner. They also stated that they are not willing for quashing the proceedings on the basis of settlement. This is despite the fact that they had sworn affidavits which have been produced as Annexures A6 and A7 before this Court. However, since respondents 3 and 4 have expressed unwillingness to quash the proceedings against the petitioner, I do not find it appropriate to quash the proceedings against the petitioner in this Crl. M. C.
3. Therefore, I dispose of this Crl. M. C. granting liberty to the petitioner to file an application for discharge before the trial court. If an application for discharge is filed by the petitioner, the Crl. M. C. No. 2840 of 2020 -5- 2024:KER:69992 same shall be considered and orders passed by the learned Additional Sessions Judge within a period of two months from the date of filing of the application.
With the above direction, the Crl. M. C. is disposed of.
Sd/-
S. MANU JUDGE Eb Crl. M. C. No. 2840 of 2020 -6- 2024:KER:69992 APPENDIX OF CRL.MC 2840/2020 PETITIONER ANNEXURES ANNEXURE A1 THE TRUE COPY OF THE STATEMENT GIVEN BY MR.RIJIL KUMAR K.P., S/O.UTHAMAN DT. 7/2/2013.
ANNEXURE A2 THE TRUE COPY OF THE FIR NO.118/2013 ON THE FILE OF CHAKKARAKALLU POLICE STATION, KANNUR DIST.
ANNEXURE A3 THE TRUE COPY OF THE AADHAAR CARD OF THE PETITIONER.
ANNEXURE A4 THE TRUE COPY OF THE AADHAAR CARD OF THE 3RD RESPONDENT.
ANNEXURE A5 THE TRUE COPY OF THE AADHAAR CARD OF THE 4TH RESPONDENT.
ANNEXURE A6 THE TRUE COPY OF THE AFFIDAVIT SWORN BY 3RD RESPONDENT.
ANNEXURE A7 THE TRUE COPY OF THE AFFIDAVIT SWORN BY 4TH RESPONDENT.
ANNEXURE A8 THE CERTIFIED COPY OF THE FINAL REPORT FILED BEFORE THE CJM THALASSERY.
ANNEXURE A9 THE TRUE COPY OF THE JUDGMENT IN CRL.M.C.NO.515/2019 DT. 6/2/2019.