Kerala High Court
Santhosh Thomas vs State Of Kerala on 12 November, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
W.P.(Crl.) No.821/24 1
2024:KER:84401
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 12TH DAY OF NOVEMBER 2024 / 21ST KARTHIKA, 1946
WP(CRL.) NO. 821 OF 2024
CRIME NO.196/2017 OF Kooranchundu Police Station, Kozhikode
AGAINST THE ORDER DATED 29.06.2024 IN CMP NO.129/2024 IN
SC NO.201 OF 2019 OF ASSISTANT SESSIONS COURT, QUILANDY
PETITIONER/PETITIONER/DEFACTO COMPLAINANT:
SANTHOSH THOMAS
AGED 56 YEARS, S/O THOMAS OTTAPLAKKAL,
OTTAPPALAM, KOORACHUNDU, PIN - 673527
BY ADV AJITHALAKSHMI SABU
RESPONDENTS/RESPONDENTS/ACCUSED:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
OFFICE OF THE ADVOCATE GENERAL,
HIGH COURT. OF KERALA,
ERNAKULAM, PIN - 682031
2 DIRECTOR GENERAL OF POLICE
STATE POLICE HEADQUARTERS,
VELLAYAMBALAM CITY
THIRUVANANDAPURAM, PIN - 695010
REPRESENTED BY THE PUBLIC PROSECUTOR,
OFFICE OF THE ADVOCATE GENERAL,
HIGH COURT OF KERALA,
ERNAKULAM.
3 DISTRICT CRIME BRANCH
KOZHIKODE RURAL,
REPRESENTED BY DISTRICT POLICE CHIEF
KOZHIKODE CITY, RAM. MOHAN ROAD,
PUTHIYARA,
KOZHIKODE PIN - 673004.
W.P.(Crl.) No.821/24 2
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REPRESENTED BY THE PUBLIC PROSECUTOR,
OFFICE OF THE ADVOCATE GENERAL,
HIGH COURT OF KERALA,
ERNAKULAM, 682031,
4 THE STATION HOUSE OFFICER
KOORACHUNDU POLICE STATION,
KOZHIKODE RURAL DISTRICT,
REPRESENTED BY THE PUBLIC PROSECUTOR,
OFFICE OF THE ADVOCATE GENERAL,
HIGH COURT OF KERALA,
ERNAKULAM., PIN - 682031
5 PAUL AGUSTINE
AGED 36 YEARS, S/O AUGUSTINE,
PUZHUKKAMKULATH HOUSE
KAYANNA (PO),
KOZHIKODE DISTRICT, PIN - 673526
6 ABRAHAM K.A
AGED 65 YEARS
KANATTU HOUSE,
KOORACHUNDU,
KOZHIKODE DISTRICT, PIN - 673527
7 SIJOPAUL
AGED 38 YEARS, S/O PAULOSE,
NEDIYAPALAYKKAL HOUSE,
OTTAPPALAM, KOORACHUNDU,
KOZHIKODE DISTRICT, PIN - 673527
8 SABU MATHEW
AGED 45 YEARS, S/O MATHEW,
POOVATHINGAL HOUSE,
OTTAPPALAM, KOORACHUNDU,
KOZHIKODE DISTRICT., PIN - 673527
9 SHYJU K.M
AGED 40 YEARS, S/O VELAYUHAN,
KOLLAMKODE, MEETHAL,
OTTAPPALAM, KOORACHUNDU,
KOZHIKODE DISTRICT, PIN - 673527
SRI. C.N.PRABHAKARAN, PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 30.10.2024, THE COURT ON 12.11.2024 DELIVERED THE FOLLOWING:
W.P.(Crl.) No.821/24 3
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BECHU KURIAN THOMAS, J.
--------------------------------
W.P.(Crl.) No.821 of 2024
---------------------------------
Dated this the 12th day of November, 2024
JUDGMENT
Petitioner seeks for a direction to conduct a further
investigation into Crime No.196/2017 of Koorachundu Police
Station.
2. Petitioner is the defacto complainant in the aforesaid
crime, which is now pending as S.C. No.201/2019 before the
Assistant Sessions Court, Koyilandy. The F.I.R was registered
alleging that on 21.06.2017 at 11 p.m., while the defacto
complainant and his mother were residing in their house, the
accused formed themselves into an unlawful assembly and using
an excavator, destroyed their boundary after cutting and
removing fruit trees. The accused are alleged to have thereafter
restrained the defacto complainant, assaulted him with wooden
rods and even attempted to run over him using the excavator
and had he not moved away, he would have been killed and
thereby the accused committed the offences under section 143,
147, 148, 341, 323, 324, 308, 506, 447, 427 read with section
149 IPC.
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3. The crime was initially registered against five persons.
However, in the FI statement, petitioner had specifically alleged
that the incident occurred during the attempt of the accused to
widen the access road to the adjacent resort owned by a person
by the name of Sri.Mani M. Pakalomattam, (Koonikkal). The
defacto complainant further alleged that another criminal case
was pending against Sri. Mani, when an earlier attempt was
made by him. During the investigation also, the petitioner had
specifically given a statement that the incident occurred since the
adjacent property owner Sri.Mani wanted the access road to his
resort widened upto 6 meters to enable the Panchayat to provide
funds for tarring it and that the criminal acts took place at the
instigation and direction of the said person.
4. In the final report, however, the investigating officer
omitted to mention anything about Sri.Mani's involvement and
only the persons who were there at the spot were arrayed as
accused.
5. According to the petitioner, when he received summons to
give evidence in the case, he realised that the main culprit
behind the incident had been omitted by the police without even
giving him any information. Petitioner alleges that no reasons are
forthcoming to justify the omission of Sri.Mani from the party
array and hence, he filed CMP No.129/2024 seeking further
investigation before the trial court. However, by order dated
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29.06.2024, the learned Assistant Sessions Judge dismissed the
application. Petitioner challenges the aforesaid order.
6. I have heard Smt. Ajithalakshmi Sabu, the learned
counsel for the petitioner, and Sri. C.N.Prabhakaran, the learned
Public Prosecutor.
7. In the impugned order dismissing petitioner's application
for further investigation, it is stated that the person alleged by
the petitioner as omitted from the list of accused was not
arraigned because there was no evidence against him. The case
was investigated by the District Crime Branch pursuant to the
request of the petitioner. Though petitioner had specifically
alleged in the FI Statement as well as in the statement given
under section 161 Cr.P.C that Sri.Mani, the adjacent resort
owner, was the main culprit and the brain behind the incident, in
the final report, curiously there is no mention why the said person
was omitted from the party array.
8. The purpose of destroying the boundary of the petitioner
and assaulting him is allegedly intended to widen the access road
to the resort owned by Sri.Mani. Petitioner has produced an
agreement stated to be executed between the first and second
accused on 29.08.2017 and alleges that he is in possession of a
pen-drive indicating a telephonic conversation between the
second accused and Sri. Mani, which he is ready to produce
before the Investigating Officer, provided a further investigation is
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ordered. Petitioner's specific case, all along, has been that Sri.
Mani is the person involved in the crime and the other accused
are only workers employed by him.
9. The trial court has dismissed the said application merely on
the ground of delay in investigating the case. When a final report
is filed, omitting certain persons from the list of accused whose
names were specifically pointed out by the petitioner in the FIS
and in the statement given under section 161 Cr.P.C, it is
necessary to indicate the reason for omitting such persons. Apart
from the above, when the petitioner had given reasons for alleging
that the criminal act was masterminded by a particular person, the
Investigating Officer was bound to look into those allegations. A
perusal of the final report does not reveal that any investigation
was done in those lines nor has any reasons been stated as to
why the said person was omitted from the list of accused.
10. Having regard to the entire circumstances of the case, I
am of the view that the contention raised by the petitioner that a
further investigation is essential, is justified. The impugned order
of the learned Assistant Sessions Judge is irregular and is liable to
be interfered with.
11. Accordingly, I set aside the order dated 29.06.2024 in
CMP No.129/2024 on the files of the Assistant Sessions Court,
Koyilandy and direct a further investigation to be conducted into
Crime No.196/2017 of Koorachundu Police Station by the Deputy
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Superintendent of Police, District Crime Branch, Kozhikode Rural.
The further investigation shall be conducted at the earliest and in
a time-bound manner.
The writ petition is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
vps
2024:KER:84401
APPENDIX OF WP(CRL.) 821/2024
PETITIONER'S/S' EXHIBITS
Exhibit-P1 TRUE COPY OF THE FINAL REPORT NO. 264/2018
DATED 31.10.2018 ALONG WITH FIR 196/2017
DATED 22.6.2017 OF SHO KOORACHUNDU POLICE
STATION
Exhibit-P2 TRUE COPY OF THE APPLICATION DATED 5.1.2024
SUBMITTED BEFORE THE INVESTIGATION OFFICER,
DISTRICT CRIME BRANCH SUPERINTENDENT,
KOZHIKODE DISTRICT.
Exhibit-P3 TRUE COPY OF THE NOTARY ATTESTED AGREEMENT
DATED 29/08/2027
Exhibit-P4 TRUE COPY OF THE APPLICATION CMP NO
129/2024 IN SC NO- 201/2019 DATED 6/03/2024
BEFORE THE ASSISTANT SECESSIONS JUDGE,
KOYILANDY
Exhibit-P5 CERTIFIED COPY OF THE ORDER DATED
29/06/2024 IN CMP NO 129/2024 IN SC
201/2019 BY THE ASSISTANT SECESSIONS JUDGE,
KOYILANDY
