V.R.Sasikumar vs State Of Kerala
2023 Latest Caselaw 11316 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
                   CRL.MC NO. 8791 OF 2023


PETITIONERS/ACCUSED 1 AND 3:

    1    V.R.SASIKUMAR
         AGED 60 YEARS, S/O. RAMAKRISHNAN NAIR,
         RETIRED UDC, DOORDARSHAN KENDRA,
         THIRUVANANTHAPURAM, RESIDING AT SREELAKAM,
         T.P. PURAM P.O., VAZHOOR, KOTTAYAM, PIN - 686504
    2    PRASANTH B.
         AGED 28 YEARS, S/O. BALAKRISHNAN, KUNNATHUMALA
         VADAKKINKARA VEEDU, MANNOORKONAM P.O., NEDUMANGAD,
         THIRUVANANTHAPURAM, PIN - 695541
         BY ADVS.P.MOHANDAS (ERNAKULAM)
         K.SUDHINKUMAR
         SABU PULLAN
         R.BHASKARA KRISHNAN
         GOKUL D. SUDHAKARAN
         MERIL MUTHU P.JOHN
         BHARATH MOHAN
         K.P.SATHEESAN (SR.)

RESPONDENTS/STATE, COMPLAINANT AND DEFACTO COMPLAINANT:

    1     STATE OF KERALA
          REPRESENTED BY THE PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
    2     THE SUB INSPECTOR OF POLICE
          PEROORKADA POLICE STATION, THIRUVANANTHAPURAM
          CITY, THIRUVANANTHAPURAM, PIN - 695005
    3     SUNNY JOSEPH
          KALLIYADIKKAL VEEDU, MMRA 50,
          MADANKOVIL LANE, MUNDAKONAM, KUDAPPANAKUNNU,
          THIRUVANANTHAPURAM, PIN - 695043
          SRI HRITHWIK, PP


    THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 27.10.2023, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
 CrlM.C..No.8791/2023

                                   2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   Crl.M.C. No.8791 of 2023
             ----------------------------------------------
           Dated this the 27th day of October, 2023


                                ORDER

This Criminal Miscellaneous Case is filed to quash the

FIR in Crime No.1339/2023 of Peroorkada Police Station.

The above case is registered alleging offences punishable

under Sections 294(b), 342, 323 and 506 read with Section 34

of the Indian Penal Code.

2. The Senior Counsel Adv.K.P.Satheesan, as

instructed by Adv.P.Mohandas, submitted that even if the

entire allegations in the First Information Report is accepted

in toto, no offence is made out. The Senior Counsel submitted

that the case is registered only to harass the petitioner, who is

a retired person and the case is registered after about 4½

years of the alleged incident. The Senior Counsel also relied

on the judgment of the Apex Court in Mohammad Wajid v.

State of U.P. [2023 KHC 6763].

3. This Court considered the contentions of the petitioners CrlM.C..No.8791/2023

and the Public Prosecutor. I do not want to make any

observation about the merit of the case. Only bailable offence

is alleged in the First Information Report. This Court do not

want to interfere with the investigation. Even though the

Senior Counsel relied on the judgment of the Apex Court in

Mohammad Wajid's case (supra), I am of the considered

opinion that the principle laid down in that case is not

applicable in this case. If any final report is filed, the

petitioners are free to challenge the same, if they are

aggrieved.

The Investigating Officer will complete the investigation,

as expeditiously as possible, at any rate, within six months

from the date of this order. Granting liberty to the petitioners

to challenge the final report, if any, filed, this Criminal

Miscellaneous Case is closed.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE CrlM.C..No.8791/2023

APPENDIX OF CRL.MC 8791/2023

PETITIONER ANNEXURES Annexure-i CERTIFIED COPY OF THE F.I.R. IN CRIME NO. 1339/2023 DATED 18-09-2023 OF PEROORKADA POLICE STATION PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT-IV, THIRUVANANTHAPURAM Annexure-II TRUE COPY OF THE MEMORANDUM DATED 17-

12-2020 ISSUED BY THE DEPUTY DIRECTOR GENERAL (ENGINEERING), DOORDARSHAN KENDRA, THIRUVANANTHAPURAM