Athul Divakaran vs State Of Kerala
2024 Latest Caselaw 16772 Ker

Kerala High Court

Athul Divakaran vs State Of Kerala on 12 June, 2024

Author: A.K.Jayasankaran Nambiar

Bench: A.K.Jayasankaran Nambiar

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
        THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
                                    &
            THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
    WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                      CRL.MC NO.2058 OF 2016
  SC NO.439 OF 2015 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT
(FOR THE TRIAL OF CASES RELATING TO ATROCITIES AND SEXUAL VIOLENCE
               AGAINST WOMEN & CHILDREN), ERNAKULAM
PETITIONER/ACCUSED NO.1:

           ATHUL DIVAKARAN
           AGED 23 YEARS,S/O.DIVAKARAN
           PARAKKATTU HOUSE,THEVACKAL VKC,
           THRIKKAKARA NORTH P.O., ERNAKULAM DISTRICT.
           BY ADVS.
           SRI.SOORAJ T.ELENJICKAL
           SRI.P.K.ABDU RAHEEM
           SMT.MARY RESHMA GEORGE
           SMT.P.M.MAZNA MANSOOR
           SRI.K.NIRMALAN
           SRI.K.NANDAKUMAR


RESPONDENT/COMPLAINANT:

    1      STATE OF KERALA
           THROUGH THE CIRCLE INSPECTOR OF POLICE,
           KALAMASSERY,ERNAKULAM DISTRICT
           REPRESENTED BY THE PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA,ERNAKULAM.
           ADDL.R2
    2      VICTIM
           XXX (IMPLEADED AS PER ORDER DATED 08/11/2022 IN
           CRL.M.A.NO.1/2022)
           BY ADVS.
           RAMESH .P
           FATHIMA NARGIS K.A.

     THIS CRIMINAL MISC. CASE HAVING COME BEEN FINALLY HEARD ON
05.06.2024, THE COURT ON 12.06.2024 PASSED THE FOLLOWING:
 Crl.M.C.No.2058/2016              2




                                ORDER

Syam Kumar V.M., J.

This Crl.M.C. was filed by accused No.1 in S.C.No.439 of 2015

on the files of the Additional District and Sessions Judge (For the trial

of cases relating to Atrocities and Sexual Violence against Women and

Children), Ernakulam, challenging the proceedings of the learned

Sessions Judge dated 11.03.2016 altering the court charge and the

re-opening of evidence.

2. A report was called for by this court from the concerned

Additional District and Sessions Judge. In the report dated 02.11.2016

filed in compliance, it has been informed by the learned judge that

pursuant to the earlier interim orders passed in the Crl.M.C., the

evidence in S.C.No.439 of 2015 had been closed and the judgment and

sentence were rendered on 16.07.2016 and 18.07.2016 respectively.

3. Now since the appeals viz., Crl.Appeal No.1069 of 2016 and

connected appeals, filed before this Court challenging the said

judgment in S.C.No.439 of 2015, stands disposed of vide a common

judgment dated 12.06.2024, nothing survives in this Crl.M.C and the

same is only to be closed.

Ordered accordingly.

Sd/-

DR. A.K.JAYASANKARAN NAMBIAR JUDGE

Sd/-

SYAM KUMAR V.M. JUDGE csl

APPENDIX

Petitioner's Documents :

ANNEXURE 1 : TRUE COPY OF THE FINAL REPORT SUBMITTED BY THE POLICE IN THE CRIME DATED 13.05.2015

ANNEXURE 2 : TRUE COPY OF THE COURT CHARGE DATED 05.10.2015

ANNEXURE 3 : CERTIFIED COPY OF THE ALTERED COURT CHARGE DATED 11.03.2016

ANNEXURE 4 : CERTIFIED COPY OF THE PROCEEDING SHEET IN S.C.NO.439/2015 ON THE FILES OF THE ADDITIONAL SESSIONS JUDGE