Kerala High Court
Mohanraj vs State Of Kerala on 10 October, 2024
Author: P.V. Kunhikrishnan
Bench: P.V.Kunhikrishnan
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
CRL.MC NO. 5158 OF 2018
CRIME NO.276/2012 OF CHEVAYUR POLICE STATION, KOZHIKODE
AGAINST THE ORDER DATED 06.03.2017 IN CMP NO.823 OF
2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,KOZHIKODE
ARISING OUT OF THE ORDER DATED 14.05.2018 IN CRRP NO.30 OF
2017 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - IV,
KOZHIKODE
PETITIONER/REVISION PETITIONER:
MOHANRAJ
AGED 59 YEARS, S/O. RAJAN, BHAGAVATHI NIVAS,
KUNNAPPALLI PARAMBA,VENGERI AMSOM, KARUVISSERY
DESOM,MALIKADAVU, KOZHIKODE DISTRICT.
BY ADVS.
SRI.R.SUDHISH
SMT.M.MANJU
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM.
2 SUDHAKARAN
S/O. CHANDUKUTTY, VASUNTHARA HOUSE,MELEDATH
PARAMBA, VENGEERI AMSOM,KARUVISSRY DESOM,
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2
MALIKADAVU, KOZHIKODE 673 010
3 VASANTHI
W/O. SUDHAKARAN, VASUNTHARA HOUSE,MELEDATH
PARAMBA, VENGERI AMSOM,KARUVISSERY DESOM,
MALIKADAVU,KOZHIKODE 673 010
OTHER PRESENT:
SRI.SANGEETHARAJ.N.R, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 10.10.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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3
P.V. KUNHIKRISHNAN, J.
-----------------------------------
Crl.M.C.No.5158 of 2018
-----------------------------------
Dated this the 10th day of October, 2024
ORDER
This Crl.M.C is filed challenging Annexure A3
and A4 ordes. The Judicial First Class Magistrate
Court, Kozhikode dismissed a complaint filed by the
petitioner under Section 203 Cr.P.C. The same is
confirmed by the Sessions Court, Kozhikode, as per
order dated 14.05.2018 in Crl.R.P No.30/2017.
2. The petitioner filed CMP.823/2015,
which was a private complaint, before the Judicial
First Class Magistrate Court-I, Kozhikode, alleging
offences punishable under Sections 324, 326 and 307
read with Section 34 of the Indian Penal Code. The
respondent Nos.2 and 3 herein are the accused in the
above complaint. According to the petitioner, on
27.05.2012 at 7.30 am, when the complainant was on
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his way to work and when he reached a footpath
infront of Kunnappally Bhagavati Temple, the first
accused came behind him and pushed him and
voluntarily caused hurt to him by hitting with an
iron rod on his knee. It is further alleged that
when the complainant fell down the accused No.1
again attacked him and he resisted the same, when he
screamed, the second accused, the wife of accused
No.1 came there and attacked him with a machete on
his head with the knowledge that in such
circumstances that may cause death and she would be
guilty. According to the petitioner, he sustained
injury on his left hand and fracture on left knee,
and thereby the accused committed the aforesaid
offence. The Chevayur Police recorded the statement
of the complainant which resulted in Crime
No.276/2012. The Chevayur Police after
investigation, laid charge sheet against the first
accused alone, submitting that no offence is
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established against the second accused, and her name
was deleted from the charge sheet. The Court taken
on file the charge against the first accused as
C.CNo.842/2010. Subsequently, the second accused
preferred the complaint to Chevayur Police against
the petitioner alleging commission of offences
punishable under Sections 447 and 294(b) of the
Indian Penal Code and the same is also taken on
files by the Court as CC No.1082/2012. According to
the petitioner, since investigation in the case is
not conducted in the proper manner, the present
complaint is filed. The learned Magistrate after
considering the averments in the complaint dismissed
the same, mainly for the reason that based on the
same set of facts, the first accused was acquitted
by the Court in CC No.842/2012, vide judgment dated
13.08.2015. The learned Magistrate observed that if
the allegations of the complainant is genuine he
could have preferred an application under Section
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319 Cr.P.C, to proceed against the second accused
who is the third respondent herein, in the above
proceeding itself.
3. The learned Magistrate observed that
the present complaint was filed after about six
months from the date of which he gave evidence
before the Court. The learned Magistrate also
considered the fact that the petitioner preferred a
criminal appeal against the acquittal order, and the
Session Court as per judgment dated 13.05.2016 in
Crl.A.No.425/2015 confirmed the acquittal order.
Hence, the learned Magistrate dismissed the
complaint.
4. Aggrieved by the above order, the
petitioner filed Crl.R.P. No.30/2017 before the
Sessions Court, Kozhikode. The Sessions Court
reconsidered the entire matter in detail and
thereafter, dismissed the revision. Hence, this
Crl.M.C is filed. The jurisdiction of this Court to
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invoke Section 482 Cr.P.C against the order of the
Revisional Court and trial court is very limited.
Unless there are serious irregularities which will
go to the root of the case or there is grave
injustice, this Court need not interfere to invoke
the jurisdiction under Section 482Cr.P.C in such
situations. This Court perused the impugned orders.
The trial court and Revisional Court considered the
matter in detail, and there is nothing to interfere
with those orders invoking the powers under Section
482 Cr.P.C.
Therefore, there is no merit in this
petition. Accordingly, this Crl.M.C. is dismissed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SSG
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PETITIONER'S ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. 276 OF 2012 OF
CHEVAYUR POLICE STATION DATED 6-6-2012
ANNEXURE A2 COPY OF THE PROTEST COMPLAINT FILED BY
THE PETITIONER BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT-I,KOZHIKODE DATED
10-02-2015
ANNEXURE A3 CERTIFIED COPY OF THE ORDER DATED
6-3-2017 ON THE FILE OF THE JUDICIAL
FIRST CLASS MAGISTRATE COURT-1,KOZHIKODE
DISMISSING C.M.P NO. 823 OF 2015
ANNEXURE A4 CERTIFIED COPY OF THE ORDER OF THE
ADDITIONAL DISTRICT AND SESSIONS
COURT-IV, KOZHIKODE DIVISION IN CRIMINAL
R.P NO. 30 OF 2017 DATED 14-5-2018
