Kerala High Court
Ummerkoya vs The State Of Kerala on 1 November, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Crl.M.C. No.800 of 2019
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2024:KER:81388
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
CRL.MC NO. 800 OF 2019
CRIME NO.552/2014 OF WANDOOR POLICE STATION, MALAPPURAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.2 OF
2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS -
II,PERINTHALMANNA
PETITIONER/ACCUSED:
UMMERKOYA,
AGED 45 YEARS, THALAKOTUPURATH, PUNNPALA,
WANDOOR, MALAPPURAM DISTRICT.
BY ADV K.RAKESH
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM, KOCHI-682 031.
2 AYSHABI,
W/O.ALAVIKUTTY, AYYANIYIL HOUSE, PUNNAPALA,
KALLAMPALI, WANDOOR, MALAPPURAM DISTRICT,
PIN-679 328.
Crl.M.C. No.800 of 2019
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BY ADVS.
SRI.SANGEETHARAJ.N.R, PP
SRI.K.I.MAYANKUTTY MATHER
SRI.P.P.RAMACHANDRAN - R2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 01.11.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Crl.M.C. No.800 of 2019
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P.V.KUNHIKRISHNAN, J.
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Crl.M.C. No.800 of 2019
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Dated this the 01st day of November, 2024
ORDER
This Criminal Miscellaneous Case is filed to quash
Annexure-G order passed by the Judicial First Class
Magistrate Court-II, Perinthalmanna in CMP
No.2204/2018 in CC No.02/2015. It is an order passed
by the learned Magistrate invoking the powers under
Section 319 Cr.P.C. The Assistant Public Prosecutor in
the above case filed an application under Section 319
Cr.P.C. to incorporate Ummerkoya, the petitioner herein
as additional accused in this case.
2. A strange procedure is adopted by the
learned Magistrate by issuing copy of the petition to the
accused in the case and also to Ummerkoya, the
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petitioner to be implicated under Section 319 Cr.P.C.,
before passing order in that application. Thereafter, the
petitioner was allowed to file a counter in the
application. Subsequently, the application was
considered after hearing the parties including the
petitioner, who is about to be impleaded in the case.
Thereafter, Annexure-G order is passed.
3. I am of the considered opinion that, such a
procedure is not contemplated under Section 319
Cr.P.C. Section 319 Cr.P.C. is extracted hereunder:
"S.319:- Where, in the course of any inquiry into, or
trial of, an offence, it appears from the evidence that
any person not being the accused has committed any
offence for which such person could be tried together
with the accused, the Court may proceed against
such person for the offence which he appears to have
committed."
4. No notice is necessary to the accused to be
implicated before passing an order under Section 319
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Cr.P.C. Therefore, the procedure adopted by the
learned Magistrate in Annexure-G is unheard of.
5. The counsel for the defacto complainant
submitted that, there is no prejudice to the petitioner
because of the notice issued to him. But, a procedure
which is unheard of in Criminal Procedure Code cannot
be adopted by the learned Magistrate. Therefore, I am
of the considered opinion that Annexure-G order is to
be set aside. But, I make it clear that, if there is any
evidence as contemplated under Section 319 Cr.P.C. is
available, the learned Magistrate can proceed, in
accordance with law, of course keeping in mind, the
principles laid down by this Court and the Apex Court
about the scope of Section 319 Cr.P.C.
Therefore, this Criminal Miscellaneous Case is
disposed of with the following directions:
1. Annexure-G order is set aside.
2. The Judicial First Class Magistrate
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Court-II, Perinthalmanna is free to
proceed with the case, in accordance
with law and if there is any evidence
brought out, the learned Magistrate is
free to proceed against any accused,
invoking the powers under Section 319
Cr.P.C., in accordance with law.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
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PETITIONER ANNEXURES
ANNEXURE A TRUE COPY OF THE FIR AND FIS IN CRIME
NO.552/2014 OF WANDOOR POLICE STATION
DATED 8/12/2014.
ANNEXURE B TRUE COPY OF THE FINAL REPORT IN
CRIME NO.552/2014 OF WANDOOR POLICE
STATION.
ANNEXURE C TRUE COPY OF THE WOUND CERTIFICATE
DATED 2014 ISSUED FROM COMMUNITY
HEALTH CENTER, WANDOOR.
ANNEXURE D TRUE COPY OF THE DEPOSITION OF PW1 IN
C.C.NO.2/2015 ON THE FILES J.F.C.M-1,
PERINTHALMANNA.
ANNEXURE E TRUE COPY OF THE APPLICATIN MADE BY
THE LEARNED APP UNDER SECTION 319
CR.P.C. DT 21/06/2018.
ANNEXURE F TRUE COPY OF THE OBJECTION FILED BY
THE PETITIONER DATED 25/07/2018.
ANNEXURE G TRUE COPY OF THE ORDER DATED 5/7/2018
IN C.M.P.NO.2204/2018 IN
C.C.NO.2/2015 OF JFCM-II,
PERINTHALMANNA.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
