Dhanesh P.K vs Station House Officer
2024 Latest Caselaw 27779 Ker

Kerala High Court

Dhanesh P.K vs Station House Officer on 13 September, 2024

Crl. M. C. No. 2840 of 2020
                                      -1-

                                                 2024:KER:69992
             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                  THE HONOURABLE MR. JUSTICE S.MANU

 FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946

                         CRL.MC NO. 2840 OF 2020

  CRIME NO.118/2013 OF CHAKKARAKKAL POLICE SATION, KANNUR

          AGAINST THE ORDER IN SC NO.917 OF 2019 OF ADDITIONAL

     DISTRICT COURT & I ADDITIONAL MOTOR ACCIDENT CLAIMS

                              TRIBUNAL,THALASSERY

PETITIONER/S:

             DHANESH P.K.,
             AGED 31 YEARS
             S/O.UTHAMAN, RESIDING AT DHANESH NILAYAM,
             THATTYODE, MUZHAPPALA P.O., MAMBA, KANNUR - 670
             611


             BY ADV C.K.SREEJITH

RESPONDENT/S:

      1      STATION HOUSE OFFICER,
             CHAKKARAKALLU POLICE STATION, KANNUR DIST.,
             REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM - 682 031

      2      STATE OF KERALA,
             REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM - 682031

      3      K.P.RIJIL KUMAR,
             S/O.UTHAMAN, AGED 31 YEARS, KPR HOUSE, KANJIROD
             HOUSE, THALAMUNDA DESOM, APPAKADAVU, KOODALI,
             KANNUR - 670 592

      4      UTHAMAN K.V.,
             S/O.KUNJIRAMAN, AGED 56 YEARS, KPR HOUSE,
 Crl. M. C. No. 2840 of 2020
                                      -2-

                                                2024:KER:69992
             KANJIROD HOUSE, THALAMUNDA DESOM, APPAKADAVU,
             KOODALI, KANNUR - 670 592


             BY ADVS MARY RANZOM LOUIZ
             NIMA JACOB, PP



       THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON   13.09.2024,       THE    COURT   ON    THE   SAME   DAY   PASSED   THE
FOLLOWING:
 Crl. M. C. No. 2840 of 2020
                                -3-

                                                   2024:KER:69992
                              ORDER

This Crl. M. C. has been filed challenging the

proceedings in S. C. No. 917 of 2019 of the Additional District

and Sessions Court, Thalassery. Offences alleged against the

petitioner who is the 4th accused are under Sections 143, 147, 148,

452, 427, 308 read with 149 of IPC and Sections 3 and 5 of the

Explosive Substances Act, 1908. The case of the petitioner is that

he has been arrayed as an accused on mistaken identity and the

actual offender is another person with the same name. The

petitioner also stated that the injured persons have settled the

matter. Along with the Crl. M. C., affidavits of the 3 rd and 4th

respondents have also been produced as Annexure A6 and A7. I

note that respondents 3 and 4 have stated in their respective

affidavits that one of the assailants is Koorante Pothekollyan

Dhanesh and due to a mistake the petitioner was arrested by the

Police and implicated in this case. They further stated that they

have no objection in quashing the case against the petitioner. Still

further they said that they had intimated the matter to the Police

2024:KER:69992 and they do not have any subsisting grievance against the

petitioner.

2. The learned Public Prosecutor was directed to obtain

instructions from the Station House Officer, Chakkarakkallu

Police Station, regarding the settlement arrived at between the

petitioner and respondents 3 and 4. The SHO recorded statements

of respondents 3 and 4. They stated to the Police that they still

have grievances against the petitioner. They also stated that they

are not willing for quashing the proceedings on the basis of

settlement. This is despite the fact that they had sworn affidavits

which have been produced as Annexures A6 and A7 before this

Court. However, since respondents 3 and 4 have expressed

unwillingness to quash the proceedings against the petitioner, I do

not find it appropriate to quash the proceedings against the

petitioner in this Crl. M. C.

3. Therefore, I dispose of this Crl. M. C. granting liberty

to the petitioner to file an application for discharge before the trial

court. If an application for discharge is filed by the petitioner, the

2024:KER:69992 same shall be considered and orders passed by the learned

Additional Sessions Judge within a period of two months from the

date of filing of the application.

With the above direction, the Crl. M. C. is disposed of.

Sd/-

S. MANU JUDGE

Eb

2024:KER:69992

PETITIONER ANNEXURES

ANNEXURE A1 THE TRUE COPY OF THE STATEMENT GIVEN BY MR.RIJIL KUMAR K.P., S/O.UTHAMAN DT. 7/2/2013.

ANNEXURE A2 THE TRUE COPY OF THE FIR NO.118/2013 ON THE FILE OF CHAKKARAKALLU POLICE STATION, KANNUR DIST.

ANNEXURE A3 THE TRUE COPY OF THE AADHAAR CARD OF THE PETITIONER.

ANNEXURE A4 THE TRUE COPY OF THE AADHAAR CARD OF THE 3RD RESPONDENT.

ANNEXURE A5 THE TRUE COPY OF THE AADHAAR CARD OF THE 4TH RESPONDENT.

ANNEXURE A6 THE TRUE COPY OF THE AFFIDAVIT SWORN BY 3RD RESPONDENT.

ANNEXURE A7 THE TRUE COPY OF THE AFFIDAVIT SWORN BY 4TH RESPONDENT.

ANNEXURE A8 THE CERTIFIED COPY OF THE FINAL REPORT FILED BEFORE THE CJM THALASSERY.

ANNEXURE A9 THE TRUE COPY OF THE JUDGMENT IN CRL.M.C.NO.515/2019 DT. 6/2/2019.