Kerala High Court
Sooraj R.Nair vs Stateof Kerala on 11 September, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2024:KER:69687
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024/20TH BHADRA, 1946
CRL.MC NO. 6709 OF 2015
CRIME NO.532/2012 OF Koyilandy Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT DATED 17.07.2015 IN CC NO.913 OF 2014
OF JUDICIAL MAGISTRATE OF FIRST CLASS, KOYILANDY
PETITIONER:
SOORAJ R.NAIR,
AGED 34 YEARS, S/O.RAVEENDRAN NAIR,
VENGILOTT HOUSE, ULLIYERI P.O, NARATH,
KOZHIKODE DISTRICT.
BY ADVS.
SRI.K.RAMAKUMAR (SR.)
SMT.ASHA BABU
SRI.K.BALACHANDRAN
SRI.S.M.PRASANTH
SRI.G.RENJITH
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
KOCHI-682031.
2 THE STATION HOUSE OFFICER,
QUILANDY POLICE STATION, QUILANDY.P.O,
PIN-673305, KOZHIKODE DISTRICT.
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3 SMT.SOBHANA, W/O RADHAKRISHNAN,
SISIRAM(KANNOTH) HOUSE, KEEZHARIYOOR,
PIN-673324,KOZHIKODE DISTRICT.
BY ADVS.
DIRECTOR GENERAL OF PROSECUTION
SHRI.P.NARAYANAN, ADDL.PUBLIC PROSECUTOR
SHRI.SAJJU.S., SENIOR GOVERNMENT PLEADER
SRI.RENJITH.T.R, SR.PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
11.09.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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P.V.KUNHIKRISHNAN, J.
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CRL.MC NO. 6709 OF 2015
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Dated this the 11th day of September, 2024
ORDER
The petitioner is an accused in CC 913/2014 on the file of
Judicial Magistrate of First Class, Koyilandy. The above case is
charge sheeted against the petitioner alleging offences punishable
under Section 279, 337 and 304A IPC.
2. The facts of the case in brief is as follows:
On 30.08.2012 at 11 AM, the accused drove the Scorpio car
bearing Registration No. KL-35 865 in a rash and negligent manner,
so as to endanger human life and collided against an auto-rickshaw
bearing Registration No. KL-80A 8340 on Kannur-Kozhikode
National Highway in front of Park Residency Bar Hotel at Koyilandy.
In the impact, one, Mr. Raghavan, the driver of the auto-rickshaw
and Mrs. Sobhana, the charge witness No. 1, who was a passenger
in it, were thrown out of it, causing grievous injuries. On the
complaint filed by Mrs. Sobhana, Crime No. 532/2012 was
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registered on 30.08.2012 and after investigation the case was
charge sheeted for the offences under Section 279, 337 and 338 of
Indian Penal Code. Cognizance was taken. The accused was
summoned. The petitioner/accused pleaded guilty. He was found
guilty and he was convicted and sentenced for offence under
Section 279, 337 and 338 IPC on 20.03.2013, as evident by
Annexure.B order of the Judicial First Class Magistrate Court,
Koyilandy. Subsequently, Mr. Raghavan, the driver of the auto-
rickshaw, who was unconscious after the incident succumbed to the
injury on 03.05.2013. Therefore, another crime was registered as
Crime No. 926/2013 under Section 174 Cr.P.C. After investigation,
a second final report was filed by the police, alleging offences
punishable under Section 279, 337 and 304A IPC. According to the
petitioner, the second final report is unsustainable, because the
petitioner was already convicted and sentenced for the offence
under Section 279, 337 and 338 IPC, as evident by Annexure.B
order and there cannot be a second final report based on the same
set of facts. Hence, this Criminal case.
3. Heard Senior Counsel, Adv. K. Ramakumar and also
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Shri. T.R. Renjith, Senior Public Prosecutor. The Senior Counsel
submitted that the second final report is unsustainable, because the
petitioner is already convicted and sentenced once for the same set
of facts. The Senior Counsel also submitted that, after registering
the first FIR, which resulted in a charge sheet and consequently a
conviction and sentence, a second FIR is registered, as evident by
Annexure.C and therefore, the second FIR and consequential final
report is to be set aside. The Public Prosecutor submitted that
Annexure.C second FIR is registered under Section 174 Cr.P.C. and
that is produced before the Sub Divisional Magistrate Court,
Kozhikode. The final report alleging offence inter alia under Section
304A was filed in Crime No. 532/2012 itself after reopening that
case with the permission of the Court.
4. This Court directed the Registry to obtain a report from
the Trial Court about the manner in which the present case is registered.
This Court also directed the learned Magistrate to report how Annexure.C
FIR is closed and whether any application is filed to reopen Crime No.
532/2012 and to add Section 304A IPC. This Court also directed the
Magistrate to submit a report, whether any orders are passed, if such
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applications are filed.
5. The learned Magistrate submitted a detailed report.
The learned Magistrate also produced the applications filed by the
Investigating Officer to reopen Crime No.532/2012 and to add Section
304A IPC. The learned Magistrate reported that no orders are passed in
the application filed by the Investigating Officer to reopen Crime
No.532/2012 and also to add Section 304A IPC in Crime No.532/2012.
6. This Court perused the copy of the report forwarded by
the learned Magistrate to reopen Crime No.532/2012 and to add Section
304A IPC. Absolutely no orders are passed in these applications. It is an
admitted fact that in the light of Annexure-B order, the case against the
petitioner is already concluded and the petitioner was convicted and
sentenced under Sections 279, 337 and 338 IPC in C.C.No.979/2012
arising from Crime No.532/2012. Thereafter a report is filed by the
Investigating Officer to reopen Crime No.532/2012. The same was not
entertained by the learned Magistrate and no orders are passed in it. A
report is also filed by the Investigating Officer to add Section 304A IPC.
The learned Magistrate has not entertained the same also and not
passed any orders in it. Thereafter a second final report is filed alleging
offences punishable under Sections 279, 337 and 304A IPC in Crime
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No.532/2012. I am of the considered opinion that when the case against
the petitioner is already disposed by the learned Magistrate, as evident
by Annexure-B order, without an order to reopen Crime No.532/2012,
the second final report cannot be entertained by the learned Magistrate.
Therefore, I am of the considered opinion that the continuation of the
proceedings in C.C.No.913/2014 based on the second final report in
Crime No.532/2012 of Koyilandy Police Station is to be quashed.
Therefore this criminal miscellaneous case is allowed. All
further proceedings against the petitioner in C.C.No.913/2014 on the file
of the Judicial First Class Magistrate Court, Koyilandy, arising from Crime
No.532/2012 of Koyilandy Police Station, are quashed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
ARK/JV
CRL.MC NO. 6709 OF 2015
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PETITIONER ANNEXURES
ANNEXURE-A COPY OF FIR DT. 30.08.2012 IN CRIME NO.532 OF
2012 ON THE FILE OF THE JUDICIAL FIRST CLASS
MAGISTRATE, KOYILANDY ALONG WITH FINAL REPORT
ANNEXURE-B TRUE COPY OF ORDER DT. 20.3.2013 IN C.C.
No.979 OF 2012 ON THE FILE OF THE JUDICIAL
FIRST CLASS MAGISTRATE, KOYILANDY
ANNEXURE-C TRUE COPY OF FIR DT. 03.09.2013 IN CRIME
NO.926 OF 2013 ON THE FILE OF THE JUDICIAL
FIRST CLASS MAGISTRATE, KOYILANDY ALONG WITH
CHARGE
ANNEXURE-D TRUE COPY OF PETITION NO.CMP NO.859 OF 2015
IN C.C. NO.913 OF 2014 BEFORE THE JUDICIAL
FIRST CLASS MAGISTRATE, KOYILANDY
ANNEXURE-E TRUE COPY OF ORDER DT. 17.7.2015 IN C.C.913
OF 2014 ON THE FILE OF THE JUDICIAL FIRST
CLASS MAGISTRATE, KOYILANDY.
