M.Hamza vs State Of Kerala
2021 Latest Caselaw 3279 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR. JUSTICE P.SOMARAJAN

      FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                      Crl.MC.No.5209 OF 2020(A)

 AGAINST THE ORDER/JUDGMENT IN CC 406/2016 OF JUDICIAL MAGISTRATE
                  OF FIRST CLASS - I, OTTAPPALAM

    CRIME NO.1169/2015 OF Ottapalam Police Station , Palakkad


PETITIONER:

               M.HAMZA
               AGED 60 YEARS GOVERNMENT
               S/O. USMAN, MALIYEKKAL HOUSE, KANJIRAKKADAVU,
               OTTAPALAM - 679101.

               BY ADVS.
               SRI.K.GOPALAKRISHNA KURUP (SR.)
               SMT.ANUROOPA JAYADEVAN
               SHRI.ASHRUTH NASER

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE PUBLIC PROSECUTOR,
               HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682031.

      2        SANTHOSHKUMAR M.G
               AGED 37 YEARS
               S/O. GOPALAN, MALANBALLA HOUSE, THENUR PO, PARALI,
               PALAKKAD - 678612.

               R1 BY SRI. E. C. BINEESH, PUBLIC PROSECUTOR


     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD             ON
29.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.5209 OF 2020(A)

                                      2




                                ORDER

Annexure A1, final report submitted on the

allegation of offence under Sections 341, 353,

451, 506(i) IPC sought to be quashed. It is in

respect of some untoward incident happened in

connection with the declaration of local

election on 07.11.2015, wherein one Manoj, who

was found drunken, was arrested by the Police.

On the same day, at about 1.45 P.M., the accused

No.1, the then MLA along with fifteen

unidentifiable persons assembled and marched

towards the Police Station and interfered with

the discharge of the official functions in

connection with the arrest of said Manoj.

2. It is submitted by the learned counsel

for the petitioner that, no charge was filed

against the fifteen unidentifiable persons and no

investigation worth the name conducted so as to

the identify those persons by the investigation.

The same may be a valid defence available to the Crl.MC.No.5209 OF 2020(A)

party at the proper stage of the proceedings. The

same cannot be a ground for exhausting the remedy

under Section 482 Cr.P.C. The discharge petition

submitted was also ended in dismissal.

Without prejudice to the right of parties to

agitate the said issue by way of defence at the

proper stage, the present Crl.M.C. is hereby

dismissed.

Sd/-

P.SOMARAJAN

JUDGE SPV Crl.MC.No.5209 OF 2020(A)

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE 1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 1169/2019 OF OTTAPPALAM POLICE STATION FILED BEFORE THE JFCM COURT, OTTAPPALAM.

ANNEXURE 2 CERTIFIED COPY OF THE PETITION FILED BY THE ADDITIONAL PUBLIC PROSECUTOR, IN CRL.M.P NO.6022/2016 IN CC NO.406/2016 BEFORE THE JFCM COURT, OTTAPPALAM.

ANNEXURE 3 TRUE COPY OF THE LETTER NO.21014/L2/2016/HOME DATED 29.08.2016 FROM THE ADDL.CHIEF SECRETARY TO GOVERNMENT.

ANNEXURE 4 TRUE COPY OF THE ORDER DATED 20.03.2017 IN CRL.M.P NO.6022/2016 IN CC NO. 406/2016 OF THE JFCM COURT, OTTAPPALAM.

ANNEXURE 5 TRUE COPY OF THE LETTER ADDRESSED TO THE PETITIONER FROM THE OFFICE OF THE SECRETARY OF THE LEGISLATURE DATED 30.1.2016 WITH ENCLOSURES.

ANNEXURE 6 TRUE COPY OF THE PETITION IN CMP NO.3554/2020 IN CC NO. 406/2016 BEFORE THE JFCM COURT, OTTAPPALAM.

ANNEXURE 7 TRUE COPY OF THE OBJECTION FILED BY THE ASSISTANT PUBLIC PROSECUTOR IN C.M.P NO.3554/2020 IN CC NO.406/2016 BEFORE THE JFCM COURT, OTTAPPALAM.

ANNEXURE 8 CERTIFIED COPY OF THE ORDER DATED 2.11.2020 IN C.M.P NO.3554/2020 IN CC NO.406/2016 BEFORE THE JFCM COURT, OTTAPPALAM.

RESPONDENTS' EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE