Kerala High Court
Shynu Jyothi vs State Of Kerala on 21 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
Thursday, the 21st day of September 2023 / 30th Bhadra, 1945
CRL.M.APPL.NO.1/2023 IN CRL.MC NO. 590 OF 2023
CRIME NO.25/2019 OF ADOOR POLICE STATION, PATHANAMTHITTA
SC 865/2022 OF DISTRICT COURT & SESSIONS COURT,PATHANAMTHITTA
PETITIONERS/ ACCUSED (1-21):
1. SHYNU JYOTHI, AGED 28 YEARS, S/O JYOTHEENDRAN, KIKKAL THEKKETH VEEDU,
NEAR MANNADI TEMPLE, MANNADI MURI, MANNADI.P.O, ADOOR TALUK,
PATHANAMTHITTA DISTRICT, PIN-691530
2. SUMITH K.S, AGED 26 YEARS, S/O SUDHAKARAN PILLAI, SUMITH VIHAR VEEDU,
KADAMPANAD VILLAGE, NEAR MANNADI TEMPLE, MANNADI MURI, MANNADI.P.O, ADOOR
TALUK, PATHANAMTHITTA DISTRICT, PIN-691530
3. AJITH, AGED 26 YEARS, S/O LAVAN, POOVAKKULATHU VEEDU, KADAMPANAD VILLAGE,
NEAR MANNADI TEMPLE, MANNADI MURI, MANNADI.P.O, ADOOR TALUK,
PATHANAMTHITTA DISTRICT, PIN-691530
4. ARUN SHARMA, AGED 37 YEARS, S/O THANKAPPAN POTTI, SANTHAVILASAM VEEDU,
KARUVATTA MURI, PERINGANAD VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT,
PIN-691551
5. JYOTHI KUMAR, AGED 53 YEARS, S/O THANKAPPAN, SARIKA VEEDU,
AMMAKANDAKKARA, AMMAKANDAKKARA MURI, PERINGANAD VILLAGE, ADOOR TALUK,
PATHANAMTHITTA DISTRICT, PIN-691551
6. AKASH, AGED 21 YEARS, S/O CHANDRAMOHANAN NAIR, THYPPASSERIL VEEDU,
NILAMEL, MANNADI MURI, KADAMPANAD VILLAGE, MANNADI.P.O, ADOOR TALUK,
PATHANAMTHITTA DISTRICT, PIN-691551
7. AKSHAY MOHAN, AGED 26 YEARS, S/O CHANDRAMOHANAN NAIR, THYPPASSERIL VEEDU,
NILAMEL, MANNADI MURI, KADAMPANAD VILLAGE, MANNADI.P.O, ADOOR TALUK,
PATHANAMTHITTA DISTRICT, PIN-691551
8. SYAM KUMAR, AGED 29 YEARS, S/O KUNJAYYAN, SALINI VEEDU, MANNADI NADUVILE
MURI, KADAMPANAD VILLAGE, MANNADI.P.O, ADOOR TALUK, PATHANAMTHITTA
DISTRICT, PIN-691551
9. VISHNU, AGED 22 YEARS, S/O SURESHKUMAR, CHETTAVELIL VEEDU, MANNADI
NADUVILE MURI, KADAMPANAD VILLAGE, MANNADI.P.O, ADOOR TALUK,
PATHANAMTHITTA DISTRICT, PIN-691551
10. RAJESH, AGED 39 YEARS, S/O CHANDRAN PILLAI, KALEELUVILA KIZHAKKATHIL
VEEDU, NILAKKAL, IVERKALA THEKKU MURI, KADAMPANAD VILLAGE, ADOOR TALUK,
PATHANAMTHITTA DISTRICT, PIN-690540
11. NIKHIL, AGED 29 YEARS, S/O RAJAN, RAHUL BHAVANAM VEEDU, PAZHAKULAM MURI,
PALLIKKAL VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN-691554
12. RAHUL, AGED 28 YEARS, S/O DAMODARAN, THAYYIL VEEDU, ALUMMOODU, PAZHAKULAM
MURI, PALLIKKAL VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN -
691554
13. VISHNU, AGED 22 YEARS, S/O BIJU, SINHYA BHAVANAM, NEAR PUNTHALA VEETTIL
TEMPLE, PAZHAKULAM MURI, PALLIKKAL VILLAGE, ADOOR TALUK, PATHANAMTHITTA
DISTRICT, PIN-691554
14. ARUN,AGED 25 YEARS, S/O GIREESH, GIRIJA BHAVANAM, NACHANGA MALA,
PAZHAKULAM MURI, PALLIKKAL VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT,
PIN-691554
15. NITHIN RAJ @ ANIYAN KUTTAN, AGED 22 YEARS, S/O BIJU, KUTTIVELI THEKKETHIL
VEEDU, PAYYANALLOOR, PAZHAKULAM MURI, PALLIKKAL VILLAGE, ADOOR TALUK,
PATHANAMTHITTA DISTRICT, PIN-691554
16. SUNIL KUMAR. G @ MAVELI SUNIL, AGED 22 YEARS, S/O NJANAKKANNAN NAIR,
RAJANI MANDIRAM, PANNIVIZHA OTTIMUKKU, PANNIVIZHA MURI, ADOOR VILLAGE,
ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN-691523
17. ABHILASH, AGED 22 YEARS, S/O SASIDHARAN PILLAI, KAIMAVILAYIL VEEDU,
ILAMPALLIL MURI, PALLIKKAL VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT,
PIN-691554
18. SARATH, AGED 34 YEARS, S/O CHANDRAN NAIR, SARATH BHAVANAM VEEDU,
PERINGANAD VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 691551
19. ANISH, AGED 27 YEARS, S/O AYYAPPAN, ANEESH BHAVANAM VEEDU, NEAR PUNTHALA
VEETTIL TEMPLE, AMMAKANDAKARA MURI, PERINGANAD VILLAGE, ADOOR TALUK,
PATHANAMTHITTA DISTRICT, PIN-691551
20. RAKESH, AGED 29 YEARS, S/O RAMACHANDRAN, CHAMATHADATHIL THEKKETHIL VEEDU,
CHENAMPALLI, KARUVATTA MURI, PERINGANAD VILLAGE, ADOOR TALUK,
PATHANAMTHITTA DISTRICT, PIN-691551
21. SOORAJ RAJ, AGED 28 YEARS, S/O SOMARAJAN, SOORYA BHAVANAM, KUNNATHOOR
VILLAGE, IVERKALA PADINJARU, VADAKKEKKARA MURI, IVERKALA, KUNNATHOOR
TALUK, KOLLAM DISTRICT, PIN - 690540
RESPONDENT/STATE & COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM., PIN-682031
2. THE STATION HOUSE OFFICER, ADOOR POLICE STATION, ADOOR P.O,
PATHANAMTHITTA DISTRICT, PIN - 691523
3. NOUSHAD, AGED 32 YEARS, S/O. JALALUDEEN, NOUSHAD MANZIL, PUTHUSSERIBHAGOM
MURI, VYALABHAGOM, ERATHU VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT,
PIN-691551
4. ASHIK, AGED 25 YEARS, S/O SAINUDEEN, CHARUVILA PUTHEN VEEDU, ENATHU MURI,
ENATHU VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN-691551
Application praying that in the circumstances stated in the affidavit
filed therewith the High Court be pleased to cure the defect and change the S.C
number as regards to 7 th and 11 th petitioners as stated above in the interest
of justice otherwise the petitioner will put to irreparable injury, and
hardship
This Application coming on for orders upon perusing the application and
this Court's Final order dated 12.04.2023, upon hearing the arguments of SRI.
P.V.DILEEP, Advocate for the petitioners and of PUBLIC PROSECUTOR for R1 and
R2, SRI. K.V.ANIL KUMAR, Advocate for R3 & R4,, the court passed the
following:
BECHU KURIAN THOMAS, J.
-------------------------------------
Crl.M.A. No.1 of 2023
IN
Crl. M.C. No.590 of 2023
-------------------------------------
Dated this the 21st day of September, 2023
ORDER
This petition has been filed seeking to correct the final order
dated 12.04.2023, by incorporating S.C.No.453/2023 pending on the
files of the Additional Sessions Court -III, Pathanamthitta, also as
another case quashed by the said order.
2. According to the learned counsel, petitioners 7 and 11 were
arrayed as accused in Crime No.25/2019 of Adoor Police Station and a
final report was filed implicating them as accused 7 and 11. The case
was later committed to the Additional Sessions Court, Pathanamthitta,
wherein it was numbered as S.C. No.865/2022. Without noticing that
S.C.865/2022 related to accused other than accused 7 and 11, the
Crl.M.C was filed to quash the proceedings on the basis of settlement
arrived at with the defacto complainant. Accused 7 and 11 were also
parties in the said Crl.M.C. and this Court by judgment dated
12.04.2023, quashed all further proceedings in S.C.No.865/2022 on
the files of the Additional Sessions Court, Pathanamthitta.
3. Subsequently, petitioners 7 and 11 realised that, their case
Crl.M.A. No.1 of 2023
IN
Crl. M.C. No.590 of 2023
was committed to the Sessions Court separately, which was numbered
as S.C. No.453/2023 on the files of the Additional Sessions Court-III,
Pathanamthitta. Due to the non inclusion of the aforesaid case
number in the final order, they contend that prejudice is caused. It is
in such circumstances, the aforesaid petition has been preferred,
seeking to correct the judgment.
4. Having heard the learned counsel for the petitioners as well
as the learned Public Prosecutor, I am of the view that, this petition
cannot be allowed, since it is not a mere correction or an arithmetical
error that is sought to be done.
5. Admittedly, S.C. No.453/2023 was committed separately. In
S.C.No.865/2022 on the files of the Additional Sessions court,
Pathanamthitta, petitioners 7 and 11 not arrayed as accused.
Therefore, the said petitioners will have to initiate appropriate other
proceedings and not a connection petition.
The relief sought for by the petitioners cannot be granted
through a correction petition. Hence,this petition is dismissed
Sd/-
BECHU KURIAN THOMAS
JUDGE
jka/21.09.23.
