Kerala High Court
Abdul Basith vs State Of Kerala on 8 July, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Crl. Rev. Pet.No.433 of 2025
2025:KER:50399
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 8TH DAY OF JULY 2025 / 17TH ASHADHA, 1947
CRL.REV.PET NO. 433 OF 2025
CRIME NO.139/2022 OF Palakkad Town South Police Station,
Palakkad
AGAINST THE ORDER/JUDGMENT DATED 31.01.2025 IN CRMP
1928/2024 IN CC NO.363 OF 2022 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -III, PALAKKAD
REVISION PETITIONER(S)/PETITIONERS/ACCUSED NO.1 TO 10:
1 ABDUL BASITH
AGED 22 YEARS, S/O SAIDALAVI, AZHUVALAPPIL (H),
KUMMINIPARAMBU P.O, KONDOTTY, MALAPPURAM,
PIN - 673638
2 EBIN ANTONY
AGED 23 YEARS, S/O ANTONY, MATTAKKAL HOUSE,
KUNAMMAVU P.O, ERNAKULAM, PIN - 683518
3 VAISHNAV
AGED 21 YEARS, S/O VENU GOPALAN, MADAMBATH (H),
NADUVATTAM, NEDUNGOTUR P.O, PATTAMBI, PALAKKAD,
PIN - 679308
4 AJAS
AGED 25 YEARS, S/O ASHRAF, AJAS MANZIL, KILLI,
KOLLODE P.O, KATTAKKADA, THIRUVANANTHAPURAM,
PIN - 695571
5 PRANAV
AGED 22 YEARS, S/O BALAN, CHUNGATHPARAMBIL (H),
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KODANADU P.O, ERNAKULAM, PIN - 683544
6 SARANGU
AGED 21 YEARS, S/O CHANDRAN, KIZHAKAYIL (H),
MULLAMPATHU P.O, KAKKATTIL, KOZHIKKODE,
PIN - 673507
7 SURAGU
AGED 24 YEARS, S/O BALAN, MURIKKOLE, PURAYIL
(H), CHELAMBRA P.O, MALAPPURAM, PIN - 673634
8 RAGESH RAJU
AGED 22 YEARS, S/O RAJU, KAKKIMUKKU (H), KARARA
P.O, ATTAPPADY, PALAKKAD, PIN - 678581
9 JINU JOSE
AGED 22 YEARS, S/O DAVID JOSE, MASI VILLA (H),
MADHYAMAM ROAD, MARADU P.O, ERNAKULAM,
PIN - 682020
0 ANURAG
AGED 21 YEARS, S/O UNNIKRISHNAN, THUMBARAMBIL
(H), MEZHATHUR P.O, THRITHALA, PALAKKAD,
PIN - 679534
BY ADVS.
SMT.M.A.SULFIA
SRI.ABDUL JALEEL.A
RESPONDENT(S)/COUNTER PETITIONERS/STATE AND DEFACTO
COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 STATION HOUSE OFFICER
PALAKKAD SOUTH POLICE STATION, PALAKKAD
DISTRICT, PIN - 678013
3 ABHINAND
AGED 18 YEARS, S/O PURUSHU, VANNATTHAN VEETTIL,
PERINGATHUR P.O, THALASSERY, KANNUR, PIN -
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670675
4 ARJUN
AGED 19 YEARS, S/O SHAJI, CHELAPPURATH THARAYIL
(H), PANNIYOOR, AANAKKARA P.O, PALAKKAD,
PIN - 679551
5 ASHLIN KRISHNA
AGED 20 YEARS, S/O KRISHNAN, PERUVAANIYAM
KANDIYIL (H), PULIYAAV P.O, PARAKKADAV,
KOZHIKODE, PIN - 673509
6 ALEN JOSEPH @ JOSEPH ALEN M
AGED 20 YEARS, S/O LAWRANCE M.A, MANGHIRAMKKAD
HOUSE, PARAVOOR, ERNAKULAM, HAVING MY CORRECT
ADDRESS AS MANJILIKATTU HOUSE ELOOKKARA,
MUPPATHADAM P.O, ALUVA, ERNAKULAM DISTRICT,
PIN - 683110
BY ADVS.:
SR PP, SRI HRITHWIK C S
SHRI.A.E.ALIYAR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 08.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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P.V.KUNHIKRISHNAN, J.
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Crl. Rev. Pet. No.433 of 2025
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Dated this the 08th day of July, 2025
ORDER
This Criminal Revision Petition is filed against the order dated 31.01.2025 in Crl.MP No.1928/2024 in CC No.363/2022 on the file of the Judicial First Class Magistrate Court-III, Palakkad.
2. The short point raised by the petitioners is that the petitioners filed a discharge petition before the learned Magistrate. The learned Magistrate dismissed the same stating that this case is to be committed to the Sessions Court. By passing a dismissal order, the petitioner is losing an opportunity to file a discharge petition is the contention. I am of the considered opinion that the Crl. Rev. Pet.No.433 of 2025 2025:KER:50399 5 petitioner has got a right to file a fresh application before the Sessions Court for discharge, once the case is committed.
Therefore, granting liberty to the petitioner to file a fresh discharge petition, once the case is committed, this Criminal Revision Petition is disposed of. The Judicial First Class Magistrate Court-III, Palakkad will do the needful to commit the case, in accordance with law, forthwith.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
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APPENDIX OF CRL.REV.PET 433/2025 PETITIONER ANNEXURES ANNEXURE A1 THE TRUE COPY OF THE ORDER DATED 5/4/2024 IN CRL.M.C. NO. 3279/2024 OF HONORABLE HIGH COURT ANNEXURE A2 THE TRUE COPY OF THE AFFIDAVIT DATED 12/02/2024 FILED BY 4TH RESPONDENT ANNEXURE A3 THE TRUE COPY OF FINAL REPORT 242/2022 DATED 26/03/2022 ANNEXURE A3(A) THE TRUE COPY OF CRLMP NO 1928/2024 IN CC NO 363/2022 DATED 21/05/2024 ANNEXURE A4 THE TRUE COPY OF THE STATEMENT DATED 2/3/22 GIVEN BY RESPONDENT NO 3 BEFORE THE POLICE ANNEXURE A5 THE TRUE COPY OF THE STATEMENT DATED 2/3/22 ALONG WITH THE ADDITIONAL STATEMENT DATED 7/03/22 GIVEN BY RESPONDENT NO 5 BEFORE THE POLICE ANNEXURE A6 THE TRUE COPY OF THE STATEMENT DATED 11/3/22 GIVEN BY RESPONDENT NO 4 BEFORE THE POLICE ANNEXURE A7 THE TRUE COPY OF THE STATEMENT DATED 11/3/22 GIVEN BY RESPONDENT NO 6 BEFORE THE POLICE ANNEXURE A8 THE TRUE COPY OF THE STATEMENT DATED 2/3/22 GIVEN BY FATHER OF 3RD RESPONDENT BEFORE THE POLICE ANNEXURE A9 THE TRUE COPY OF THE STATEMENT DATED 28/2/22 GIVEN BY RANJITH, WHO IS THE WATCHMAN OF THE SAID COLLEGE BEFORE THE POLICE ANNEXURE A10 THE TRUE COPY OF THE STATEMENT DATED 02/3/22 GIVEN BY MOTHER OF RESPONDENT NO 5 BEFORE THE POLICE ANNEXURE A11 THE TRUE COPY OF THE STATEMENTS DATED 26/2/22 AND 26/3/22 GIVEN BY SEEMA, Crl. Rev. Pet.No.433 of 2025 2025:KER:50399 7 WHO IS THE PRINCIPAL OF GOVERNMENT POLYTECHNIC COLLEGE BEFORE THE POLICE ANNEXURE A12 THE TRUE COPY OF THE STATEMENTS DATED 28/2/22 AND 25/03/2022 GIVEN BY SUBASH P.T, WHO IS THE RESIDENTIAL TUTOR OF THE SAID COLLEGE HOSTEL BEFORE THE POLICE ANNEXURE A13 THE TRUE COPY OF THE STATEMENTS DATED 6/3/22 GIVEN BY HEAD COOK (NARAYANAN) AND ASSISTANT COOK (VELAYUDHAN) OF THE COLLEGE HOSTEL BEFORE THE POLICE ANNEXURE A14 THE TRUE COPY OF THE STATEMENT DATED 26/2/22 GIVEN BY SARITHA CHANDRAN, WHO IS ASSISTANT PROFESSOR OF THE POLYTECHNIC COLLEGE BEFORE THE POLICE ANNEXURE A15 TRUE COPY OF THE STATEMENT DATED 04/3/22 GIVEN BY SURESH BABU, WHO IS THE HEAD OF INSTUMENTATION ENGINEERING DEPARTMENT OF THE SAID COLLEGE BEFORE THE POLICE ANNEXURE A16 THE TRUE COPY OF THE STATEMENT DATED 04/3/22 GIVEN BY DEEPAMUKUNDAN, WHO IS THE ASSISTANT PROFESSOR AND THE MEMBER OF ANTI RAGGING COMMITTEE OF THE SAID COLLEGE BEFORE THE POLICE ANNEXURE A17 THE TRUE COPY OF THE STATEMENTS DATED 11/3/22, 14/3/22, 16/03/2022 & 23/3/22 RESPECTIVELY OF 1ST YEAR STUDENTS OF VARIOUS DEPARTMENTS STAYING IN THE MEN'S HOSTEL OF THE SAID COLLEGE BEFORE THE POLICE //TRUE COPY// PA TO JUDGE