Kerala High Court
Dinesh vs State Of Kerala on 11 April, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
CRL.MC NO. 2474 OF 2024
CRIME NO.387/2023 OF Town North Police Station, Palakkad
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.754 OF 2023 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -II,PALAKKAD
PETITIONER/1ST ACCUSED:
DINESH
AGED 55 YEARS
S/O. CHANDRAN, CHANDRAKANTHAM, MANKAVU KALAM, MANKAVU,
PALAKKAD, PIN - 678001.
BY ADV SHABU SREEDHARAN
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
SRI. T.R. RANJITH (PUBLIC PROSECUTOR)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 2474 OF 2024
2
BECHU KURIAN THOMAS, J.
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Crl.M.C. No. 2474 of 2024
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Dated this the 11th day of April, 2024
ORDER
Petitioner is the 1st accused in C.C.No. 754/2023 on the
files of the Judicial Fist Class magistrate's Court-II, Palakkad. The
offence arise out of Crime No. 387 /2023 of Palakkad Town North
Police Station. According to the prosecution, the accused had
trespassed into the compound of the western side of the temple
and, using a pick axe, destroyed the concrete platform
constructed for poojas and caused a loss of more than Rs.8,000/-
and thereby committed the offences under Section 447 and 427
r/w Section 34 of the Indian Penal Code, 1860.
2. I have heard Sri.Shabu Sreedharan, the learned counsel
for the petitioner as well as Sri.Renjith T.R., the learned Public
Prosecutor.
3. It was contended that accused 2 to 4 had obtained
discharge from the case, by judgment dated 21-02-2024 in
Crl.R.P.No. 206/2024 and therefore the petitioner should also be
given the same benefit. It was further submitted that the entire
CRL.MC NO. 2474 OF 2024
allegations can only reveal a civil dispute, and therefore the
criminal proceedings ought to be quashed.
4. Sri.Renjith T.R., the learned Public Prosecutor on the
other hand, contended that the issue fell within the realm of the
disputed facts and therefore the provisions of Section 482 of
Cr.P.C. cannot be invoked.
5. On a perusal of Annexure-12 order in Crl.R.P.2061/2024
it is noticed that this Court has discharged accused 2 to 4, stating
that the continuance of proceedings against them will be a futile
exercise. It is also observed that no material has been collected to
show the involvement of accused 2 to 4 in the crime. However, 7.
Though the petitioner asserted that, as a co-owner, the petitioner
cannot be mulcted with the offence of criminal trespass, I am of
the view that those are all matters to be considered at the time of
trial, especially since the allegation as regards the offence under
Section 427 is mainly against the petitioner.this Court further
observes that the main allegations are against accused No.1.
6. Though the petitioner asserted that, as a co-owner, the
petitioner cannot be mulcted with the offence of criminal
trespass, I am of the view that those are all matters to be
considered at the time of trial, especially since the allegation as
regards the offence under Section 427 is mainly against the
petitioner.
CRL.MC NO. 2474 OF 2024
7. On a perusal of the allegations in the final report, it is
revealed that the 1st accused is alleged to have destroyed a
'Balalayam' using an axe and thereby committed the offences
under Sections 447 and 427 IPC. Whether such an incident
occurred or not and whether the petitioner has any involvement
in the said crime is a matter which can be decided only after trial.
Therefore, the invocation of the remedy under Section 482 of
Cr.P.C. is not legally proper.
Accordingly, I find no merit in this Crl.M.C and it is
dismissed.
BECHU KURIAN THOMAS
JUDGE
AJM
CRL.MC NO. 2474 OF 2024
PETITIONER ANNEXURES
Annexure-1 THE CERTIFIED COPY OF THE FIS DATED
16.4.2023 IN CRIME NO. 387/2023 OF
PALAKKAD TOWN NORTH POLICE STATION.
Annexure-2 THE CERTIFIED COPY OF THE FIR DATED
16.4.2023 IN CRIME NO. 387/2023 OF
PALAKKAD TOWN NORTH POLICE STATION.
Annexure-3 THE TRUE COPY OF THE ORDER CRL MC
NO. 1684/2023 DATED 4.5.2023 OF THE
1ST ADDL. SESSIONS COURT, PALAKKAD.
Annexure-4 THE TRUE COPY OF THE REPORT DATED
10.5.2023 FILED BY THE SI OF POLICE,
PALAKKAD TOWN NORTH POLICE BEFORE
THE CJM COURT, PALAKKAD.
Annexure-5 THE TRUE COPY OF THE CHARGE SHEET
DATED 7.6.2023 IN CRIME NO. 387/2023
OF PALAKKAD TOWN NORTH POLICE
STATION.
Annexure-6 THE TRUE COPY OF THE SCENE MAHAZAR
DATED 17.4.2023 IN CRIME NO.
387/2023 OF PALAKKAD TOWN NORTH
POLICE STATION.
Annexure-7 THE TRUE COPY OF THE MAHAZURE DATED
26.4.2023 OF THE PEN DRIVE
CONTAINING THE CCTV FOOTAGE IN CRIME
NO. 387/2023 OF PALAKKAD TOWN NORTH
POLICE STATION.
Annexure-8 THE TRUE COPY OF THE MEMORANDUM OF
EVIDENCE DATED NIL IN CRIME NO.
387/2023 OF PALAKKAD TOWN NORTH
POLICE STATION.
Annexure-9 THE TRUE COPY OF THE STATEMENTS OF
CRL.MC NO. 2474 OF 2024
WITNESSES OF VARIOUS DATES IN CRIME
NO. 387/2023 OF PALAKKAD TOWN NORTH
POLICE STATION.
Annexure-10 THE TRUE COPY OF THE ORDER OF THIS
HON'BLE COURT IN CRL MC NO.
9360/2023 DATED 8.11.2023.
Annexure-11 THE TRUE COPY OF THE ORDER IN CMP
NO. 9037/2023 DATED 4.1.2024 OF THE
JFCM COURT-II, PALAKKAD.
Annexure-12 THE TRUE COPY OF THE ORDER IN CRL RP
NO. 206/2024 DATED 21.2.2024 OF THIS
HON'BLE COURT.
Annexure-13 THE TRUE COPY OF THE JUDGMENT OF
THIS HON'BLE COURT IN WP(C) NO.
21364/2020 DATED 19.6.2023.
