Kerala High Court
Sureshkumar vs Sub Inspector Of Police on 26 September, 2024
2024:KER:71818
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
THURSDAY, THE 26TH DAY OF SEPTEMBER 2024 / 4TH ASWINA, 1946
CRL.REV.PET NO. 292 OF 2022
AGAINST THE ORDER/JUDGMENT DATED 22.12.2021 IN CMP
NO.2786 OF 2021 IN CC NO.1872 OF 2015 OF JUDICIAL MAGISTRATE
OF FIRST CLASS - I, ETTUMANOOR
REVISION PETITIONER/PETITIONER/3RD ACCUSED:
SURESHKUMAR
AGED 47 YEARS, S/O.APPUKUTTAN NAIR,
CHERUMUTTHATH PADINJARETHIL HOUSE, NEENDOOR P.O,
KOTTAYAM, PIN - 686601
BY ADV C.N.SAMEER
RESPONDENTS/RESPONDENTS/COMPLAINANTS:
1 SUB INSPECTOR OF POLICE
ETTUMANOOR POLICE STATION, KOTTAYAM, PIN - 686631
2 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, KOCHI, PIN - 682031
3 SREEJA R NAIR
W/O SURESH KUMAR, CHERUMUTTATH PADINJARETHIL,
NENDOOR P.O, KOTTAYAM-686601 IS IMPLEADED AS
ADDL.R3 AS PER ORDER DATED 9/11/22 IN CRL.MA 2/22
IN CRL.R.P 292/22.
SRI.VIPIN NARAYAN, SR.PP
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
HEARING ON 26.09.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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CRL.REV.PET NO.292 OF 2022
2
C.S.SUDHA, J.
---------------------------------------------
Crl. Rev. Pet. No.292 of 2022
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Dated this the 26th day of September 2024
JUDGMENT
This revision is against the order dated 22/12/2021 in CMP
No.2786/2021 in CC No.1872/2015 on the file of the court of the
Judicial Magistrate First Class-I, Ettumanur. The petitioner herein,
who is the 3rd accused in the case is aggrieved by the dismissal of
CMP No.2786/2021 filed for stopping the proceedings under
Section 258 Cr.P.C.
2. CW1 is the husband of CW2 and CW4 is their daughter. The
prosecution case as per the final report is that on 23/08/2015 at
02:45 p.m., the accused persons three in number in furtherance of
their common intention of voluntarily causing hurt to CWs 1 and 4,
trespassed into the residential compound of CW1 and pushed down
CW4. Seeing this, when CW1 approached the accused persons,
they beat him on his cheek causing pain and abused him by calling
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CRL.REV.PET NO. 292 OF 2022
obscene words. On the next day, the 2nd accused abused and
threatened CW2. In the days thereafter, when CW2 was on her way
to work, accused nos.2 and 3 threatened her that the arms and legs
of CW1 would be chopped of. Hence, the accused are alleged to
have committed the offences punishable under Sections 323,
294(b), 447 and 506(1) read with Section 34 IPC.
3. The parties in this petition will be referred to as
described in the final report.
4. It is submitted by the learned counsel for the revision
petitioner/3rd accused that there are no specific allegations regarding
the 3rd accused in the final report that has been submitted before the
jurisdictional magistrate. There are no details of the date or time at
which the 3rd accused is alleged to have threatened the prosecution
witness. The incident is alleged to have taken place on 23/08/2015.
But the FIR was registered only on 28/08/2015. There is inordinate
delay in registering the crime which is yet another reason to suspect
the prosecution case and therefore the argument advanced is that as
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CRL.REV.PET NO.292 OF 2022
no materials have been made out against the petitioner/3 rd accused,
the trial court ought to have allowed the prayer in CMP
No.2786/2021. However, the trial court on an erroneous
appreciation of the materials on record passed the impugned order,
which is liable to be reversed.
5. Per contra, it is submitted by the learned Public
Prosecutor that, on going through the statement of CW2, it can be
seen that there are specific allegations against the 3 rd accused and
therefore no ground for invoking the provisions of Section 258 has
been made out.
6. Heard both sides.
7. On going through the 161 statement of CW2, it can be
seen that she has made specific allegations against the 3 rd accused to
the effect that he had threatened her with dire consequences and
also threatened to chop of the arms and legs of her husband,
namely, CW1. At this point, the court does not look into the
question whether there is sufficient materials to convict the
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accused. On the other hand, the court need only look into whether
there are sufficient materials to proceed against the accused. The
broad test to be applied is whether the materials on record, if
unrebutted, makes conviction reasonably possible. Hence, in these
circumstances, I do not find any infirmity in the impugned order
calling for an interference by this Court.
Hence, the petition is dismissed.
Interlocutory applications, if any pending, shall stand closed.
Sd/-
C.S.SUDHA
JUDGE
NP
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CRL.REV.PET NO.292 OF 2022
APPENDIX OF CRL.REV.PET 292/2022
PETITIONER'S ANNEXURES
Annexure-1 TRUE COPY OF FI STATEMENT OF DE FACTO
COMPLAINANT DATED 28.8.2015 BEFORE THE
ASI OF POLICE, ETTUMANUR POLICE STATION
Annexure-2 TRUE COPY OF FIR IN CRIME NO. 1123/2015
DATED 28.8.2015 OF ETTUMANUR POLICE
STATION
Annexure-3 TRUE COPY OF FINAL REPORT PREPARED BY
ASI OF POLICE, ETTUMANUR POLICE STATION
BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, ETTUMANUR
DATED10.10.2015
Annexure-4 TRUE COPY OF CMP NO. 2786/2021 IN C.C.
NO. 1872/2015 OF THE JUDICIAL FIRST
CLASS MAGISTRATE COURT, ETTUMANUR
RESPONDENTS' ANNEXURES:NIL
