Kerala High Court
Joppu George vs State Of Kerala on 25 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:71533
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 25 TH DAY OF SEPTEMBER 2024 / 3RD
ASWINA, 1946
WP(CRL.) NO. 930 OF 2024
CRIME NO.361/2016 OF Erattupettah Police Station,
Kottayam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.408 OF
2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS,
ERATTUPETTA
PETITIONER/S:
JOPPU GEORGE
AGED 43 YEARS
S/O. GEORGE, VELLOOKUNNEL HOUSE,
CHEMMALAMATTOM PO ERATTUPETTA, KOTTAYAM-, PIN
- 686121
BY ADVS.
DEEPU THANKAN
UMMUL FIDA
LAKSHMI SREEDHAR
LEKSHMI P. NAIR
VINEETHA BOSE
CINDIA S.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, PIN - 682031
W.P.(Crl)Nos.930 & 1035/2024
2024:KER:71533
-2-
2 THE STATION HOUSE OFFICER
ERATTUPETTA POLICE STATION, KOTTAYAM, PIN -
682031
3 REJI GEORGE
S/O. GEORGE, VELLOOKUNNEL HOUSE,
CHEMMALAMATTOM P.O.ERATTUPETTA, KOTTAYAM, PIN
- 686508
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 25.09.2024, ALONG WITH
WP(Crl.).1035/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(Crl)Nos.930 & 1035/2024
2024:KER:71533
-3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 25 TH DAY OF SEPTEMBER 2024 / 3RD
ASWINA, 1946
WP(CRL.) NO. 1035 OF 2024
PETITIONER/S:
JOPPU GEORGE
AGED 48 YEARS
S/O. GEORGE, VELLOOKUNNEL HOUSE,
CHEMMALAMATTOM PO ERATTUPETTA, KOTTAYAM, PIN
- 686121
BY ADVS.
DEEPU THANKAN
UMMUL FIDA
LAKSHMI SREEDHAR
LEKSHMI P. NAIR
VINEETHA BOSE
CINDIA S.
GAYATHRI G.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
COURT OF KERALA,ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER
ERATTUPETTA POLICE STATION, KOTTAYAM, PIN -
686121
W.P.(Crl)Nos.930 & 1035/2024
2024:KER:71533
-4-
3 REJI GEORGE
S/O. GEORGE, VELLOOKUNNEL HOUSE,
CHEMMALAMATTOM P.O. ERATTUPETTA, KOTTAYAM,
PIN - 686121
OTHER PRESENT:
SRI. NOUSHAD K. A. (PP)
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 25.09.2024, ALONG WITH WP(Crl) 930/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(Crl)Nos.930 & 1035/2024
2024:KER:71533
-5-
Dated this the 25th day of September, 2024
JUDGMENT
Petitioner is the accused in C.C.No.294 of
2016 on the files of the Judicial First Class
Magistrate Court, Erattupetta and he is the de
facto complainant in C.C.No.408 of 2017 before
the same court.
2. In W.P.(Crl.) No.1035 of 2024, the
petitioner seeks for a direction not to proceed
with the trial in CC No.294 of 2016 till his
prayer for a further investigation in C.C.No.408
of 2017 is finally disposed of.
3. In W.P.(Crl.) No.930 of 2024, petitioner
seeks to quash Ext.P8 communication therein and
also for a direction to conduct the further
investigation into Crime No.361 of 2016 of
Erattupetta Police Station.
W.P.(Crl)Nos.930 & 1035/2024
2024:KER:71533
4. Crime No.361 of 2016 of Erattupetta
Police Station and Crime No.709 of 2016 are case
and counter case. The allegations raised against
the siblings centres around a property dispute.
Both cases are about to be tried simultaneously
and are posted to 07.10.2024. In the meantime,
petitioner prayed for conduct of a further
investigation into Crime No.361 of 2016. By a
communication dated 17.03.2023, his request was
refused. Challenging the refusal to order further
investigation, he approached this Court in W.P.
(Crl) No.1090 of 2023. As per EXt.P7 judgment
dated 20.10.2023, a learned Single Judge of this
Court set aside the communication dated
17.03.2023 and directed the Station House
Officer, Erattupetta Police Station to take a
fresh decision on the request of the petitioner
W.P.(Crl)Nos.930 & 1035/2024
2024:KER:71533
for further investigation. However, by Ext.P8
order dated 25.11.2023, the Station House Officer
intimated the petitioner that carrying out a
further investigation, in the circumstance of the
case would not be fruitful and hence refused the
request for a further investigation. The said
refusal is under challenge in W.P.(Crl.) No.930
of 2024.
5. I have heard Sri.Deepu Thankan, learned
Counsel for the petitioner as well as Sri.Noushad
K.A, learned Public Prosecutor.
6. The dispute in the two crimes are
between siblings. Petitioner alleges that the
accused, in Crime No.361 of 2016, had pointed a
revolver at him and committed the offences under
Sections 447, 323, 324 and 506(ii) of the Indian
Penal Code, 1860. Police in Ext.P8 report states
W.P.(Crl)Nos.930 & 1035/2024
2024:KER:71533
that the alleged revolver could not be recovered
and that the accused was not arrested during the
stage of investigation as well. According to
them, no purpose would be achieved by carrying
out a further investigation, that too, at this
distance of time.
7. A reading of the Final Report in Crime
No.361 of 2016 reveals that the alleged revolver
is not used for the commission of crime. The
offences alleged are only Sections 447, 323, 324
and 506(ii) IPC. Therefore, even in the absence
of the alleged revolver, the trial can proceed.
8. Considering the nature of allegations
and also the nature of offences charged against
the accused in Crime No.361 of 2016 of
Erattupetta Police Station, I am of the view that
the conclusion of the Station House Officer in
W.P.(Crl)Nos.930 & 1035/2024
2024:KER:71533
Ext.P8 communication cannot be said to be
perverse, warranting an interference by this
Court that too at this belated stage. As already
noted, the cases are posted for trial on
07.10.2024. The indulgence in directing a
further investigation, that too, for the purpose
of identifying the alleged revolver in a crime
where the offences alleged are under Sections
341, 323 and 324 apart from 506(ii) is of no
significant consequence and the further
investigation to recover such an alleged revolver
would be a meaningless affair.
9. Further, Ext.P8 order is dated
25.11.2023, these writ petitions have been filed
only after the cases had been listed for trial
that too on 23.08.2024 and 23.09.2024. Even on
this ground of long delay, the petitioner is not
W.P.(Crl)Nos.930 & 1035/2024
2024:KER:71533
entitled for any relief.
Hence I do not find any merit in these two
writ petitions. Accordingly they are dismissed.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Scl/
W.P.(Crl)Nos.930 & 1035/2024
2024:KER:71533
APPENDIX OF WP(CRL.) 930/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE F.I.R IN CRIME NO.
361/2016 OF ERATTUPETTA POLICE STATION
DATED 17/03/2016
Exhibit P2 A TRUE COPY OF WOUND CERTIFICATE ISSUED
TO THE PETITIONER DATED 15/03/2016
Exhibit P3 A TRUE COPY OF THE ADDITIONAL STATEMENT
GIVEN BY THE PETITIONER DATED
20/03/2016
Exhibit P4 A TRUE COPY OF THE FINAL REPORT IN
CRIME NO. 361/16 OF IN ERATTUPETTA
POLICE STATION DATED 30/03/2016
Exhibit P5 A TRUE COPY OF THE REPRESENTATION FILED
BY THE PETITIONER BEFORE THE
SUPERINTENDENT OF POLICE OBTAINED BY
THE PETITIONER UNDER THE RTI
Exhibit P6 A TRUE COPY OF THE LETTER DATED
17/03/2023 COMMUNICATED BY THE 2ND
RESPONDENT TO THE PETITIONER OBTAINED
UNDER THE RTI
Exhibit P7 A TRUE COPY OF THE JUDGMENT IN W.P.C.
(CRL.) NO. 1090 OF 2023 DATED
20/10/2023
Exhibit P8 A TRUE COPY OF THE COMMUNICATION DATED
25/11/2023 ISSUED BY THE 2ND RESPONDENT
W.P.(Crl)Nos.930 & 1035/2024
2024:KER:71533
APPENDIX OF WP(CRL.) 1035/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE F.I.R IN CRIME NO. 361
OF 2016 OF ERATTUPETTA POLICE STATION
DATED 17/03/2016
Exhibit P-2 TRUE COPY OF THE FINAL REPORT IN CRIME
NO. 361 OF 2016 OF IN ERATTUPETTA
POLICE STATION DATED 30/03/2016
Exhibit P-3 TRUE COPY OF CRIME NO.709 OF 2016 OF
ERATTUPETTA POLICE STATION DATED
10/05/2016
Exhibit P-4 TRUE COPY OF THE FINAL REPORT IN CRIME
NO. 709 OF 2016 OF IN ERATTUPETTA
POLICE STATION DATED 31/05/2016
Exhibit P-5 TRUE COPY OF THE REPRESENTATION FILED
BY THE PETITIONER BEFORE THE
SUPERINTENDENT OF POLICE OBTAINED BY
THE PETITIONER UNDER THE RTI
Exhibit P-6 TRUE COPY OF THE LETTER DATED
17/03/2023 COMMUNICATED BY THE 2ND
RESPONDENT TO THE PETITIONER OBTAINED
UNDER THE RTI
Exhibit P-7 A TRUE COPY OF THE JUDGMENT IN W.P.C.
(CRL) NO. 1090 OF 2023 DATED 20/10/2023
Exhibit P-8 A TRUE COPY OF THE COMMUNICATION DATED
25/11/2023
