Aneesh S vs State Of Kerala
2024 Latest Caselaw 5460 Ker

Kerala High Court

Aneesh S vs State Of Kerala on 16 February, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

WP(CRL.) NO. 1336 OF 2023
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                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
     FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
                       WP(CRL.) NO. 1336 OF 2023
PETITIONER/S:

          ANEESH S
          AGED 35 YEARS
          S/O. SASIDHARAN, ANEESH BHAVAN, MUTTATHERI,
          AVANEESWARAM RSPO, NEDUVANNUR MURI, PIDAVOOR VILLAGE,
          KOLLAM, PIN - 689695
          BY ADVS.
          RENJITH B.MARAR
          LAKSHMI.N.KAIMAL
          P.RAJKUMAR
          KESHAVRAJ NAIR
          ARUN POOMULLI
          PREETHA S CHANDRAN
          ABHIJITH SREEKUMAR
          ANAND REMESH
          C.R.REKHA
          ABHIRAM.S.


RESPONDENT/S:

    1     STATE OF KERALA,
          REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
          KERALA, PIN - 682031
    2     THE DISTRICT POLICE OFFICER (RURAL),
          DISTRICT POLICE HEADQUARTERS, KOLLAM RURAL,
          KOTTARAKARA, KOLLAM, PIN - 691605
    3     THE STATION HOUSE OFFICER,
          KUNNICODE POLICE STATION, MARKET ROAD, KUNNICODE,
          KOLLAM, PIN - 691508
OTHER PRESENT:

          SRI. NOUSHAD K.A. (PP)


     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(CRL.) NO. 1336 OF 2023
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                   BECHU KURIAN THOMAS, J.
             ========================
                   W.P.(Crl.)No.1336 of 2023
             ------------------------------------------------
                    Dated this the 16th day of February, 2024

                                JUDGMENT

Petitioner seeks inter allia a direction to remove his name from the

rowdy list. He also seeks to quash the crime registered as FIR

No.1545/2021 and FIR No.525/2023 both of Kunnikode Police Station.

Copies of which are produced as Exts.P9 and Ext.P10.

2. On 22.01.2024, this Court issued an interim order directing

the 2nd respondent to consider petitioner's representation to remove his

name from rowdy list. Learned Public Prosecutor submitted that pursuant

to the aforesaid order, the District Police Chief, Kollam Rural has issued

an order on 12.02.2024, closing the rowdy history sheet against the

petitioner. The aforesaid submission is recorded.

3. Learned Counsel for the petitioner however invited the

attention of this Court to Ext.P9 and Ext.P10 and pointed out that those

two FIRS have been registered under Section 151 of the Cr.P.C.

apprehending the commission of an offence by the petitioner. Since the

action contemplated under Section 151 Cr.P.C. is only preventive in

nature and not punitive and since the action was initiated on 31.12.2021

and on 07.04.2023, I am of the view that those proceedings have already

accomplished its fate and has become redundant. No disabilities can

accrue to the petitioner from Ext.P9 and Ext.P10 as they were only WP(CRL.) NO. 1336 OF 2023

preventive in nature. There is no requirement to quash the said

proceedings, since as mentioned above, it has accomplished its fate.

Accordingly, nothing further survives in this writ petition and it is

closed.

sd/

BECHU KURIAN THOMAS JUDGE jm/ WP(CRL.) NO. 1336 OF 2023

APPENDIX OF WP(CRL.) 1336/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ADVICE FOR APPOINTMENT DATED 27.06.2023 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, PATHANAMTHITTA TO THE PETITIONER Exhibit P2 A TRUE COPY OF THE JUDGEMENT DATED 20.11.2006 PASSED BY THE HON'BLE JUDICIAL FIRST CLASS

OF 2005 Exhibit P3 A TRUE COPY OF THE ORDER DATED 24.07.2009 PASSED BY THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT - III, PUNALUR IN CC NO. 1539 OF 2007 Exhibit P4 A TRUE COPY OF THE JUDGEMENT DATED 26.08.2014 PASSED BY THE HON'BLE JUDICIAL FIRST CLASS

OF 2012 Exhibit P5 A TRUE COPY OF THE JUDGEMENT DATED 28.11.2022 PASSED BY THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT - II (FOREST OFFENCES), PUNALUR IN CC NO. 2148 OF 2016 Exhibit P6 A TRUE COPY OF THE JUDGEMENT DATED 06.02.2023 PASSED BY THE HON'BLE SESSIONS COURT, PUNALUR DIVISION, PUNALUR IN SESSIONS CASE NO. 227 OF

Exhibit P7 A TRUE COPY OF THE REPRESENTATION DATED 16.10.2023, REGISTERED AS A COMPLAINT BEARING REFERENCE NO. 152930401-2023-5-00604, FILED BEFORE THE 2 ND RESPONDENT BY THE PETITIONER Exhibit P8 A TRUE COPY OF THE SCREENSHOT OF THE MESSAGE DATED 16.10.2023 RECEIVED FROM BH-KERPOL TO THE PETITIONER Exhibit P9 A TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 1545 OF 2021 OF KUNNIKODE POLICE STATION, KOLLAM RURAL Exhibit P10 A TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 525 OF 2023 OF KUNNIKODE POLICE STATION, KOLLAM RURAL