Kerala High Court
Thankachan vs State Of Kerala on 7 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 21915 OF 2022
PETITIONER/S:
THANKACHAN
AGED 52 YEARS
S/O. LATE DEVASSIA @ SEBASTIAN, MUNJANATT VEEDU, NOOLPUZHA
P.O., KUPPADI VILLAGE, SULTHANBATHERY, WAYANAD, PIN - 673 592.
BY ADV BIJU ABRAHAM
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM , PIN - 695 001.
2 UNION OF INDIA
REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF LAW &
JUSTICE (DEPARTMENT OF LEGAL AFFAIRS) SHASTRI BHAWAN, NEW
DELHI-1.
3 SURENDRAN, AGED 58 YEARS,
S/O. LATE RARUKUTTY, AVETHAN HOUSE, NAGARAMCHALIL,
NOOLPUZHA P.O., (FORMER NOOLPUZHA GRAMA PANCHAYAT VICE
PRESIDENT), KUPPADI VILLAGE, SULTHAN BATHERY TALUK, WAYANAD
, PIN - 673 592.
4 K.T. KURIAKOSE
AGED 60 YEARS
S/O. THOMAS, VALLUVADI P.O., (FORMER STANDING COMMITTEE
CHAIRMAN, NOOLPUZHA GRAMA PANCHAYAT,), NOOLPUZHA VILLAGE,
SULTHAN BATHERY TALUK, WAYANAD. , PIN - 673 592.
5 K.M. POLOUSE
AGED 64 YEARS
S/O. MATHAI, (FORMER MEMBER NOOLPUZHA GRAMA PANCHAYAT),
VALLUVADI P.O, NOOLPUZHA VILLAGE, SULTHAN BATHERY TALUK,
WAYANAD, PIN - 673 592.
6 M.A. DINESHAN
AGED 58 YEARS
S/O. LATE APPU, (FORMER MEMBER NOOLPUZHA GRAMA
PANCHAYAT), NOOLPUZHA P.O., NOOLPUZHA VILLAGE, SULTHAN
BATHERY TALUK, WAYANAD, PIN - 673 592.
W.P.(C) No. 21915/2022 :2:
7 K. SHOBHAN KUMAR
AGED 64 YEARS
S/O. PRABHAKARAN, AGED 64 YEARS, NOOLPUZHA VILLAGE,
NAIKETTY P.O., SULTHAN BATHERY TALUK, WAYANAD, PIN - 673 592.
8 T.MUHAMMED,
AGED 53 YEARS
S/O. ABDU RAHIMANKUTTY HAJI, AGED 53 YEARS, ELLICHUVAD,
NOOLPUZHA VILLAGE, NAIKETTY P.O., SULTHAN BATHERY,
PIN - 673 592.
9 V.M. JOSEPH
AGED 68 YEARS
S/O. LATE MATHAI, AGED 68 YEARS, VELLAMATATHIL HOUSE,
NAGARAMCHAL, NOOLPUZHA P.O., KUPPADI VILLAGE, SULTHAN
BATHERY - 673 592.
SRI. TEKCHAND, SR GOVERNMENT PLADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 21915/2022 :3:
S. MANIKUMAR, CJ & SHAJI P. CHALY, J.
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W.P.(C) No. 21915 of 2022
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Dated this the 7th day of July, 2022.
JUDGMENT
S. MANIKUMAR,CJ.
The petitioner has filed the instant writ petition as a Public
Interest Litigation seeking the following relief:
A writ of mandamus or any other appropriate writ,
order or direction declaring that there is no difference
between a victim under the police case and a complainant
as a victim in a private complaint under the eye of law in
filing an appeal under the proviso to Section 372 of the
Code of Criminal Procedure.
2. Mr. Biju Abraham, learned counsel for the petitioner, brought
to our notice that Ext. P6 order dated 05.02.2022 in Crl. M.P. No. 67
of 2021 in Crl. Appeal No. 58 of 2020 on the files of the Sessions
Court, Kalpetta and Ext. P7 judgment in Crl. Appeal No. 58 of 2020,
have already been challenged by the writ petitioner under Article 482
of Cr.P.C by filing Crl. M.C. No. 3111 of 2022. Grounds of challenge
made in the aforesaid case are similar to the one raised in the instant
writ petition.
3. When this Court made a query as to whether filing of the
instant writ petition styled as a Public Interest Litigation is
maintainable, when the writ petitioner, as a person aggrieved has
already filed Crl. M. C No. 3111 of 2022 and whether can there be a
parallel proceedings on the same grounds, learned counsel for the
petitioner seeks permission to withdraw the instant writ petition.
Placing on record the said submission, instant writ petition is
dismissed as withdrawn. However, we make it clear that the dismissal
of the writ petition will not affect the right of the writ petitioner to
vindicate his grievances in Crl. M. C. No. 3111 of 2022 in accordance
with law.
sd/-
S. MANIKUMAR,
CHIEF JUSTICE.
sd/-
SHAJI P. CHALY,
JUDGE.
Rv
