Kerala High Court
Jose Paul vs State Of Kerala on 20 February, 2024
Author: P.Somarajan
Bench: P.Somarajan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA, 1945
CRL.REV.PET NO. 1217 OF 2023
CRIME NO.987/2015 OF HILL PALACE POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED 28.02.2023 IN CMP 210/2019 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT, TRIPUNITHURA
AGAINST THE ORDER/JUDGMENT DATED 28.02.2023 IN CC 1076/2018 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT, TRIPUNITHURA
REVISION PETITIONER/PETITITONER/ACCUSED:
JOSE PAUL
AGED 52 YEARS,
S/O. PAUL,THATHANATTU HOUSE, PALLIPPARAMBUKAVU,
TRIPPUNITHURA, NADAMAVILLAGE,
ERNAKULAM DISTRICT-, PIN - 682301
BY ADV M.R.SARIN
RESPONDENT/STATE COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
*2 THE SUB INSPECTOR OF POLICE
ARYANADU POLICE STATION, THIRUVANANTHAPURAM, PIN - 682
031
* NAME AND ADDRESS OF SECOND RESPONDENT IS CORRECTED AS
THE STATION HOUSE OFFICER, HILL PALACE POLICE STATION,
ERNAKULAM DISTRICT- 682301 AS PER ORDER DATED 18.12.23
IN CRL M A 3/2023 IN CRL R P 1217/2023, PIN - 695542
PP SRI SANAL P RAJ
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 20.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.REV.PET NO. 1217 OF 2023
2
ORDER
The accused No.1 came up aggrieved by the order
dismissing an application for discharge, based on a
final report submitted alleging offence under
Sections 120B, 406, 420, 424, 465, 468, 471 r/w 34 of
IPC. Inter alia it is contended that the 8th accused
was deleted from the party array and no final report
as mandated under Section 173 (2) Cr.P.C. was
submitted as against 8th accused. No notice was given
as mandated, though the legal position was settled by
this court in Anil Kumar v. Latha Mohan and Others
[(2021 (1) KHC 564)= (2021 (1) KLD 205)= (2021 KHC
OnLine 69), (2021 (2) KLT 116)= (2021 (2) KLJ 8)=
(2021 KER 2894)]. It is also brought to the notice of
this court the legal position settled by a Three
Judge Bench of Apex Court in Bhagwant Singh v.
Commissioner of Police and Another (1985 KHC 610)
pertaining to the requirement of giving notice to the
first informant under Section 157(2) Cr.P.C. The
very same ratio can be applied in the matter of an
CRL.REV.PET NO. 1217 OF 2023
accused who was arrayed in that status in FIR. Once
the crime is investigated, necessarily it should
reach upto the stage of 173 Cr.P.C. either by lodging
a refer report or a charge report. It is also within
the purview of the investigation not to investigate
the crime. In that situation also notice should be
given to the de facto complainant. It was reiterated
by another Two Judge Bench of the Apex Court in
Gangadhar Janardan Mhatre v. State of Maharashtra
(2004 KHC 1354) pertaining to the mandate to be
complied when there is a refer report as against all
accused or some of the accused involved in the crime.
The practice of submitting the refer report without
the compliance of mandate under Section 173 (2)
Cr.P.C. was found to be not permissible by this court
in Anil Kumar's case (supra). But it may not be a
ground to allow the discharge of one among the
accused, especially pertaining to a crime, which was
ended in a charge report as against the petitioner
herein. Hence, the present Criminal Revision Petition
will stand dismissed accordingly.
CRL.REV.PET NO. 1217 OF 2023
There will be a posting on 26.02.2024, to address
the issue pertaining to accused No.8, to explore the
possibility of suo moto revision.
Sd/-
P.SOMARAJAN
JUDGE
msp
CRL.REV.PET NO. 1217 OF 2023
APPENDIX OF CRL.REV.PET 1217/2023
PETITIONER ANNEXURES
Annexure A1 . THE TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. 987/2015 OF THE HILL
PALACE POLICE STATION
Annexure A2 THE TRUE COPY OF THE COMPLIANT GIVEN TO THE
CITY POLICE COMMISSIONER KOCHI ON 04.3.2015
Annexure A3 THE TRUE COPY OF THE ORDER DATED 28.2.2023 IN
CMP NO.210/2019 IN C.C. NO. 1076/2018 OF
JUDICIAL FIRST CLASS MAGISTRATE
COURT ,THRIPPUNITHURA
Annexure A4 THE TRUE COPY OF THE ORDER IN CRLMC NO
3302/2023 DATED 17.102023
Annexure A5 THE TRUE COPY OF THE AGREEMENT EXECUTED
BETWEEN DR GEORGE , DR NIRMALA AND REJI ON
16.06.2008 AT SUB REGISTRAR OFFICE
TRIPUNITHURA
Annexure A6 THE TRUE COPY OF THE AGREEMENT EXECUTED
BETWEEN DR GEORGE , DR NIRMALA AND SHAJI ON
AT SUB REGISTRAR OFFICE TRIPUNITHURA ON
17.01.2012
Annexure A7 THE TRUE COPY OF THE FINAL REPORT IN CC NO.
1076/2018 OF THE HON'BLE JUDICIAL FIRST CLASS
MAGISTRATE COURT,THRIPUNITHURA
