Kerala High Court
Balakrishna Pillai vs State Of Kerala on 24 October, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
CRL.MC NO. 8230 OF 2019 2024:KER:79346
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
CRL.MC NO. 8230 OF 2019
CRIME NO.1515/2016 OF Kottarakkara Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.912 OF 2016
OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,KOTTARAKKARA
PETITIONERS:
1 BALAKRISHNA PILLAI,
AGED 71 YEARS
S/O GOPALA PILLAI, JYOTHIS, KOTTATHALAMURI, MYLOM
VILLAGE, KOTTATHALA P.O., KOTTARAKKARA, KOLLAM.
2 JAYERS,
AGED 39 YEARS
S/O BALAKRISHNA PILLAI, JYOTHIS, KOTTATHALAMURI,
MYLOM VILLAGE, KOTTATHALA P.O., KOTTARAKKARA,
KOLLAM.
BY ADV MANSOOR ALI
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
COURTOF KERALA, ERNAKULAM - 682 031.
2 THE STATION HOUSE OFFICER,
KOTTARAKKARA POLICE STATION, KOTTARAKKARA P.O.,
KOLLAM - 691 506.
CRL.MC NO. 8230 OF 2019 2024:KER:79346
2
3 MOHAN KUMAR,
AGED 58 YEARS
S/O CHANDRASEKHARAN NAIR, THIRUVONAM,
KIZHAKKEKARA, KOTTARAKKARA, KOLLAM - 691 506.
BY ADVS.
ABHIJITH M.A
A.SHAMSUDEEN(K/558/2009)
BILAL SHAMSUDEEN(K/1832/2021)
OTHER PRESENT:
SRI.SANGEETHARAJ.N.R, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR FINAL
HEARING ON 24.10.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO. 8230 OF 2019 2024:KER:79346
3
P.V.KUNHIKRISHNAN, J.
-------------------------------------------------------
Crl.M.C.No. 8230 of 2019
--------------------------------------------------------
Dated this the 24th day of October, 2024
ORDER
This Crl.M.C is filed with following prayers:
to quash Annexure-A1 and A2 FIR and Final
Report in Crime No:1515/2016 of Kottarakkara
Police Station in Kollam District pending as
C.C.No.912/2016 on the file of the Judicial First
Class Magistrate Court-I, Kottarakkara as against
the petitioners.
2. The offences alleged against the petitioners
are under sections 324, 327, 294(b), 452, 506(I) r/w Section
34 of IPC. The different contentions are raised by the
petitioners in this Crl.M.C case to quash the final report filed
against the petitioners. According to the petitioners, there is
about one year delay in filing the complaint and even the
prosecution case itself is unbelievable. So also, it is
submitted that a complaint is filed before the Consumer
Disputes Redressal Forum, Kollam against the third
CRL.MC NO. 8230 OF 2019 2024:KER:79346
respondent. Therefore, it is submitted that the continuation
of Annexure A2 final report is an abuse of process of court.
The learned Public Prosecutor submitted that the contention
raised by the petitioners are all matters of evidence and this
court may not interfere with the prosecution initiated against
the petitioners.
3. After hearing both sides, I am of the
considered opinion that the petitioners can be allowed to file
a discharge petition if charge is not framed and if such a
discharge petition is filed, presence of the petitioners shall
not be insisted till the final orders are passed in the
discharge petition. Therefore, this Crl.M.C. is disposed of
with following directions:
a) The petitioners are free to file discharge petition
before the trial court raising all the contentions
raised in this Crl.M.C within 30 days from the date of
receipt of a stamped certified copy of this order, if
charge is not framed.
b) Once such a discharge petition is received, the
learned Magistrate will consider the same and
CRL.MC NO. 8230 OF 2019 2024:KER:79346
pass appropriate orders in it, after giving an
opportunity of hearing to the petitioners and the
prosecutor concerned as expeditiously as possible,
at any rate, within a period of six weeks from the
date of receipt of the discharge petition.
c) If such a discharge petition is filed as directed
above, the learned Magistrate will not insist the
personal appearance of the petitioners till discharge
petition is considered.
d) All the contentions raised by the petitioners in
this Crl.M.C are left open and the petitioners are free
to agitate the same before the trial court.
e) The Registry will forward a copy of this order to
the trial court, forthwith.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
NM
CRL.MC NO. 8230 OF 2019 2024:KER:79346
PETITIONER ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO.
1515/2016 OF KOTTARAKKARA POLICE STATION IN
KOLLAM DISTRICT.
ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO. 1515/2016 OF KOTTARAKKARA POLICE STATION
IN KOLLAM DISTRICT PENDING AS C.C. NO.
912/2016 ON THE FILE OF THE JUDICIAL FIRST
CLASS MAGISTRATE COURT - I, KOTTARAKKARA.
ANNEXURE A3 THE TRUE COPY OF THE COMPLAINT FILED BY THE
2ND PETITIONER BEFORE THE CIRCLE INSPECTOR
OF POLICE, KOTTARAKKARA ON 15-09-2015.
ANNEXURE A4 THE TRUE COPY OF THE NOTICE DATED 30/09/2015
SENT BY THE 1ST PETITIONER THROUGH HIS
COUNSEL TO THE 3RD RESPONDENT AND ITS POSTAL
RECEIPTS.
ANNEXURE A5 THE TRUE COPY OF THE COMPLAINT NO. 286/2015
FILED BY THE 1ST PETITIONER BEFORE THE
CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM ON
19-11-2015 AGAINST THE 3RD RESPONDENT.
ANNEXURE A6 THE TRUE COPY OF THE COUNTER SUBMITTED BY
THE 3RD RESPONDENT BEFORE THE CONSUMER
DISPUTES REDRESSAL FORUM, KOLLAM IN
COMPLAINT NO. 286/2015.
ANNEXURE A7 THE TRUE COPY OF THE ORDER DATED 16-07-2019
IN C.C. NO. 286/2015 ON THE FILE OF THE
CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM.
