Sujatha Kumari vs The State Of Kerala
2021 Latest Caselaw 5102 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

    THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942

                    Crl.MC.No.6786 OF 2017(G)

 AGAINST THE ORDER/JUDGMENT IN CC 313/2017 OF JUDICIAL MAGISTRATE
                     OF FIRST CLASS , HARIPAD

CRIME NO.1664/2015 OF Kareelakulangara Police Station , Alappuzha


PETITIONER/7TH ACCUSED:

             SUJATHA KUMARI
             W/O. C.K. SREEDHARAN PILLAI, AGED 57, ASSISTANT
             COMMISSIONER(HARIPAD), THIRUVITHAMKURE DEVASWOM
             BOARD, HARIPAD SUB GROUP,ALAPPUZHA DT.

             BY ADV. SRI.K.R.SUNIL

RESPONDENTS/COMPLAINANT:

      1      THE STATE OF KERALA
             THROUGH THE SUB INSPECTOR OF POLICE, KAREELAKULANGARA
             POLICE STATION, KAREELAKULANGARA.

      2      THE DEPUTY SUPERINTENDENT OF POLICE
             DISTRICT CRIME BRANCH, ALAPPUZHA.

      3      MRS.ASWATHY
             W/O.N. KRISHNAN NAMBOODIRI, AGED 35, KALIYIKAMADAM
             HOUSE,KANDIYOOR MURI, MAVELIKKARA VILLAGE -689 524

             R1&R2 BY ADV. SRI. RAMESH CHAND, PUBLIC PROSECUTOR
             R1 BY ADVS. SRI.K.SASIKUMAR
                         SRI.S.ARAVIND

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
11.02.2021, ALONG WITH Crl.MC.5075/2020(D), THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

    THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942

                    Crl.MC.No.5075 OF 2020(D)

 AGAINST THE ORDER/JUDGMENT IN CC 313/2017 OF JUDICIAL MAGISTRATE
                     OF FIRST CLASS , HARIPAD

CRIME NO.1664/2015 OF Kareelakulangara Police Station , Alappuzha

PETITIONERS/5TH AND 6TH ACCUSED:

      1      K.MURALEEDHARAN PILLAI
             AGED 58 YEARS
             S/O. KUNJAN PILLAI, RETIRED TEMPLE WATCHER, RAMAPURAM
             TEMPLE, TRAVANCORE DEVASWOM BOARD, KAREELAKULANGARA,
             HARIPAD SUB GROUP, ALAPPUZHA DISTRICT, RESIDING AT
             ROHINI HOUSE, EAROOR SOUTH, PATHIYUR VILLAGE.

      2      K.AJAYA KUMAR
             AGED 53 YEARS
             S/O. KARUNAKARAN, AUDIT OFFICER, TRAVANCORE DEVASWOM
             BOARD, RAMAPURAM TEMPLE, KAREELAKULANGARA, HARIPAD
             SUB GROUP, ALAPPUZHA DISTRICT.

             BY ADV. SRI.K.R.SUNIL
RESPONDENTS/COMPLAINANT:

      1      THE STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, COCHIN-682 031

      2      THE DEPUTY SUPERINTENDENT OF POLICE
             DISTRICT CRIME BRANCH, ALAPPUZHA, PIN-688 001.

      3      MRS.ASWATHY
             AGED 38 YEARS
             W/O. N.KRISHNAN NAMBOODIRI, KALIYIKAMADAM HOUSE,
             KANDIYOOR MURI, MAVELIKKARA VILLAGE, PIN-690 103.

             R1&R2 BY ADV. SRI. RAMESH CHAND, PUBLIC PROSECUTOR
             R3 BY ADV. SRI.S.ARAVIND
             R3 BY ADV. SRI.K.SASIKUMAR

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
11.02.2021, ALONG WITH Crl.MC.6786/2017(G), THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
 Crl.MC.6786/2017&
Crl.MC.5075/2020
                                       3




                                  ORDER

Aggrieved by the disciplinary action taken against

the temple priest maintained by Travancore Devaswom

Board by its Administrative Head, Haripad Division

(accused No.7), the wife of temple priest came up and

caused to register crime alleging offence under

Section 120B, 469, 294(b), 353, 504 r/w Section 34

IPC. The aggrieved person is her husband and not the

complainant. No complaint was laid down by the

aggrieved person. The accused Nos. 5,6 and 7 came up

against the registration of FIR and its further

proceedings. There is no forgery even going by the

allegation. The other offence will not stand attracted

at the instance of the wife of aggrieved person.

Hence the Crl.M.C. is allowed by quashing the FIR and

its further proceedings as against the petitioners

herein, accused Nos.5,6 and 7.

Sd/-

P.SOMARAJAN JUDGE SPV Crl.MC.6786/2017& Crl.MC.5075/2020

APPENDIX OF Crl.MC 6786/2017 PETITIONER'S EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE FIR PREPARED BY THE DATED 04.12.2015 AND SUBMITTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT - II, HARIPAD.

ANNEXURE A2 THE ATTESTED COPY OF THE FINAL REPORT IS GIVEN TO THE PETITIONER IN CRIME NO.1664/15 KAREELAKULANGARA POLICE STATION

RESPONDENTS' EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE Crl.MC.6786/2017& Crl.MC.5075/2020

APPENDIX OF Crl.MC 5075/2020 PETITIONER'S EXHIBITS:

ANNEXURE A1 THE CERTIFIED COPY OF THE FIRST INFORMATION REPORT PREPARED BY THE IST RESPONDENT DATED 4.12.2015 AND SUBMITTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, HARIPAD.

ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT SUBMITTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, HARIPAD.

RESPONDENTS' EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE