K. P. Sasikala vs State Of Kerala
2022 Latest Caselaw 6230 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
             THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
        FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                       CRL.MC NO. 1286 OF 2022
 IN THE MATTER OF CRIME NO.21/2019 OF KANNUR TOWN POLICE STATION,
 PENDING AS CC 215/2020 BEFORE THE HONOURABLE JUDICIAL MAGISTRATE
                      OF FIRST CLASS -I, KANNUR
PETITIONERS/ACCUSED NOS.1 & 2:

    1       K. P. SASIKALA
            AGED 58 YEARS
            W/O.VIJAYAKUMAR
            RESIDING AT GOKULAM, MARUTHUR P. O., PATTAMBI,
            PALAKKAD, PIN - 679306
    2       S. J. R. KUMAR
            AGED 65 YEARS
            S/O. LAKE K.SRIDHARAN PILLAI
            RESIDING AT PARK VILLAI, K. V-62,
            PANAMPILLY NAGAR, COCHIN, PIN - 682036
            BY ADVS.
            SAJITH KUMAR V.
            VIVEK A.V.
            GODWIN JOSEPH
            APARNA CHANDRAN
            REMYA VARMA N.K
RESPONDENTS/STATE AND COMPLAINANT:

    1       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM (THROUGHT THE SUB
            INSPECTOR OF POLICE, KANNUR TOWN POLICE STATION)
            ERNAKULAM DISTRICT, PIN - 682031
    2       DIRECTOR GENERAL OF POLICE
            (STATE POLICE CHIEF), POLICE HEAD QUARTERS,
            VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695001
    3       THE DEPARTMENT OF HOME AFFAIRS
            REPRESENTED BY ITS SECRETARY, GOVERNMENT OF KERALA
            THIRUVANANTHAPURAM - 695 001
    4       SHAMITH M.
            AGED 41 YEARS
            S/O.UTHAMAN
            RESIDING AT KIZHAKKE VILAPPIL HOUSE,
            NEAR PALAKKAT SWAMI MADOM,
 CRL. MC NO.1286 OF 2022
                                 2

            KAKKAD ROAD, KANNUR, PIN - 670002
            BY ADV.SMT.NIMA JACOB, GOVERNMENT PLEADER
      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL. MC NO.1286 OF 2022
                                   3




                              ORDER

Dated this the 03rd day of June, 2022

The petitioners are the accused Nos.1 and 2 in

Crime No.21/2019 of Kannur Town Police Station

which is now pending as C.C. No.215/2020 before the

Judicial First Class Magistrate Court, Kannur. The

offences alleged against the petitioners are under

Sections 294(b), 506(i), 427 read with Section 34 of

the Indian Penal Code (IPC).

2. The prosecution case is that, on

03.01.2019, at 5.45 am, accused Nos. 3 to 5 have

committed mischief at Caltex Junction, Kannur, by

vandalizing the auto rickshaw bearing registration No.

KL 13 AB 7923 owned by the 4th respondent / de facto

complainant and thereby caused damage to the auto

rickshaw to the tune of Rs.5,650/-. It is further

alleged that a harthal was called for by the petitioners

1 and 2, being the office bearers of an organization

which was protesting against the implementation of CRL. MC NO.1286 OF 2022

the decision to permit entry of women in Sabarimala

Temple. Annexure-A is the F.I.R. and Annexure-B is

the final report submitted by the police. This Crl.M.C.

is filed for quashing all further proceedings pursuant

to Annexure-B final report.

3. Heard Sri. Sajith Kumar V., learned Counsel

appearing for the petitioners and Smt.Nima Jacob,

learned Public Prosecutor. Even though notice was

served upon the 4th respondent, there is no

appearance for him.

4. The main contention put forward by the

learned Counsel for the petitioner is that, the

materials produced along with Annexure-B and the

contends thereof do not reveal the offences against

the petitioners. It is pointed out that, the acts which

allegedly constitute the offences are alleged to have

committed by accused Nos.3 to 5 and there is

absolutely no role assigned to the petitioners herein.

In such circumstances, the learned Counsel seeks for

quashing all further proceedings against the CRL. MC NO.1286 OF 2022

petitioners.

5. On the other hand, the learned Public

Prosecutor would oppose the aforesaid contention. It

is pointed out that, the question of involvement of the

petitioners is a matter of evidence, which cannot be

considered at this stage of the proceedings. In such

circumstances, the learned Public Prosecutor seeks

for dismissal of this Crl.M.C.

6. I have carefully gone through the

Annexure-A F.I.R. and Annexure-B final report. As

highlighted by the learned Counsel for the petitioners,

the only allegation against the the petitioners is that

they have called for a harthal in protest against the

decision regarding the entry of women in Sabarimala

Temple. However, the crux of the allegation which

constitutes the offences are in respect of the act

physically committed by the accused Nos.3 to 5. On

perusal of the records, it is evident that in none of the

statements of the witnesses recorded under Section

161 of Cr.P.C., the names of the petitioners are seen CRL. MC NO.1286 OF 2022

mentioned. Apart from the mere statement that the

petitioners have called for harthal, there is absolutely

nothing is mentioned in the final report indicating the

culpability of the petitioners. As far as the allegation

of calling for harthal is concerned, the same by itself

cannot be an act attracting any of the offences

alleged. Even though, the petitioners are seen

implicated on the strength of Section 34 of the IPC,

there are absolutely no materials indicating any

common intention being shared by the petitioners

with the accused Nos. 3 to 5. Learned Counsel for

the petitioners also brought my attention to the order

passed by this Court in Crl. M.C. No.3601/2021

wherein, the criminal prosecution initiated against the

first petitioner with similar allegation has been

quashed. I have also taken into account the

observations made by this Court in the aforesaid

judgment.

7. Thus, after examining all the relevant

inputs, I am of the firm view that none of the offences CRL. MC NO.1286 OF 2022

alleged against the petitioners are attracted. The

prosecution against the petitioners in pursuance to

Annexure-B is a clear abuse of process of law.

In such circumstances, I am inclined to invoke the

jurisdiction of this Court under Section 482 Cr.P.C. In

the result, the Crl.M.C., is allowed. Annexure-B final

report submitted in Crime No.21/2019 of Kannur

Town Police Station and all further proceedings in

C.C. No.215/2020 before the Judicial First Class

Magistrate Court, Kannur, as against the petitioners

herein are hereby quashed.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE SKP/3.6 CRL. MC NO.1286 OF 2022

APPENDIX OF CRL.MC 1286/2022

PETITIONERS' ANNEXURES:

ANNEXURE A THE CERTIFIED COPY OF THE FIR IN CRIME NO.

21/2019 DATED 03.01.2019 OF THE KANNUR TOWN POLICE STATION ANNEXURE B THE CERTIFIED COPY OF THE FINAL REPORT NO.

1095/2019 DATED 05.10.2019 IN CRIME NO. 21/2019 OF KANNUR TOWN POLICE STATION PENDING AS C.C. NO. 215/2020 BEFORE THE HON'BLE FIRST CLASS JUDICIAL MAGISTRATE COURT - I, KANNUR.

ANNEXURE C A TRUE COPY OF THE ORDER NO. U4-4368/2019/ PHQ DATED 05.03.2019 ISSUED BY THE 2ND RESPONDENT ALONG WITH ITS TRANSCRIBED COPY. ANNEXURE D A TRUE COPY OF THE GAZETTE NOTIFICATION DATED 02.12.2019.

ANNEXURE E A TRUE COPY OF THE G.O. (CRI.) NO.

70/2021/HOME DATED 26.02.2021 ISSUED BY THE 3RD RESPONDENT.

ANNEXUREB F A TRUE COPY OF THE JUDGMENT IN WP(C) NO.

32502 OF 2017 DATED 10.02.2020 BY THE HON'BLE DIVISION BENCH OF THE HIGH COURT OF KERALA.

ANNEXURE G A TRUE COPY OF THE ORDER DATED 11.05.2021 IN CRL. MC NO. 2398/2021 OF THIS HON'BLE COURT.

ANNEXURE H A TRUE COPY OF THE ORDER DATED 10.08.2021 IN CRL. MC NO. 3601/2021 OF THIS HON'BLE COURT.

ANNEXURE I A TRUE COPY OF THE ORDER DATED 27.10.2021 IN CRL. MC NO. 5042/2021 OF THIS HON'BLE COURT.

RESPONDENTS' ANNEXURES:NIL

TRUE COPY

P.A.TO JUDGE