Kerala High Court
P. Unnikrishnan vs State Of Kerala on 17 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:77261
CRL.MC NO. 7148 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
CRL.MC NO. 7148 OF 2024
CRIME NO.789/2017 OF SREEKRISHNAPURAM POLICE STATION, PALAKKAD
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.784 OF 2019 OF
JUDICIAL MAGISTRATE OF FIRST CLASS - I, OTTAPPALAM
PETITIONER/ACCUSED :
P. UNNIKRISHNAN, AGED 67 YEARS
S/O RAMATHARAKAN
PUTHENVEETTIL
KRISHNAKRIPA VELLINEZHI P O
OTTAPALAM TALUK
PALAKKAD DISTRICT - 679 504.
BY ADVS.
S.RAJEEV
V.VINAY
M.S.ANEER
SARATH K.P.
PRERITH PHILIP JOSEPH
ANILKUMAR C.R.
K.S.KIRAN KRISHNAN
RESPONDENT/STATE/COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
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CRL.MC NO. 7148 OF 2024
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2 V RADHAKRISHNAN, AGED 58 YEARS
S/O MENDATHARAKAN
VETTATHU VEEDU
VELLINEZHI P.O.
OTTAPALAM TALUK
PALAKKAD DISTRICT - 679 504
BY ADVS.
ARAVIND S.S
TINU ABRAHAM(K/000677/2024)
ELIZABETH KURIAN(K/000807/2019)
SMT. SREEJA V (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.7148 of 2024
...................................................
Dated this the 17th day of October, 2024
ORDER
Petitioner is the accused in C.C.No.784/2019 on the files of the Judicial
First Class Magistrate Court, Ottappalam, arising out of Crime
No.789/2017 of Sreekrishnapuram Police Station, registered for the
offences punishable under Sections 341, 506(1) and 500 of the Indian
Penal Code, 1860. The crime was registered on the basis of a complaint
filed by the second respondent. After investigation, a final report was
filed on 31.11.2017 referring the case as 'false', which is produced as
Anenxure-II. Subsequently, the complainant filed a protest complaint on
22.01.2019, on the basis of which, the learned Magistrate proceeded to
take cognizance on 26.10.2019. Petitioner challenges the order taking
cognizance of the offence in C.C.No.784/2019, on the files of the
Judicial First Class Magistrate Court, Ottappalam
2. I have heard Sri.S.Rajeev, the learned counsel for the petitioner, as well
as the learned counsel for the second respondent and Smt.Sreeja V., the
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CRL.MC NO. 7148 OF 2024
learned Public Prosecutor.
3. A perusal of the order taking cognizance dated 26.10.2019 reveals that
the learned Magistrate has not considered the refer report filed in Crime
No.789/2017. Without referring to the final report referring the case as
'false', the learned Magistrate took cognizance upon the protest
complaint.
4. In the decision in Parameswaran Nair v. Surendran 2009 (1) KLT 794,
this Court, after analyzing various decisions of the Supreme Court, came
to the conclusion that the learned Magistrate has to consider all the
relevant materials and apply his mind before taking cognizance, and that
it is advisable by the Magistrate to record that the final report is not
accepted.
5. On a reading of the impugned order, it is evident that the learned
Magistrate has not applied his mind to the relevant materials or even
considered the existence of the report referring the case as 'false'. In
such circumstances, I am of the view that order taking cognizance is
liable to be interfered with and the Magistrate be directed to re-consider
the same.
6. It is evident that in the instant case the learned Magistrate has not
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CRL.MC NO. 7148 OF 2024
applied his mind to all the materials while taking cognizance of the
offences.
7. In view of the above, the order dated 26.10.2019 taking cognizance in
C.C.No.784/2019 on the files of the Judicial First Class Magistrate Court,
Ottapalam, is hereby set aside, and the learned Magistrate is directed to
re-consider the matter afresh bearing in mind the propositions of law
laid down in various decisions. The decision as directed above shall be
taken without undue delay, preferably within a period of two months
from the date of receipt of a copy of this order.
The Crl.M.C. is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/17/10/2024
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CRL.MC NO. 7148 OF 2024
PETITIONER ANNEXURES
ANNEXURE I THE TRUE COPY OF THE FIR & FIS IN CRIME NO
789/2017 OF SREEKRISHNAPURAM POLICE STATION
ANNEXURE II THE TRUE COPY OF THE REFERRED CHARGE SHEET
FILED BY THE INVESTIGATING OFFICER IN CRIME
NO 789/2017 OF SREEKRISHNAPURAM POLICE
STATION
ANNEXURE III THE CERTIFIED COPY OF THE COMPLAINT FILED BY
THE 2ND RESPONDENT BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT, OTTAPALAM ALONG WITH
THE DEPOSITIONS OF CW1, CW2 AND CW3
ANNEXURE IV THE CERTIFIED COPY OF THE PROCEEDINGS SHEET
