Kerala High Court
Vinu C Sekhar vs State Of Kerala on 15 July, 2025
2025:KER:52278
Crl.R.P.387 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
TUESDAY, THE 15TH DAY OF JULY 2025 / 24TH ASHADHA, 1947
CRL.REV.PET NO. 387 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 04.02.2025 IN CC
NO.1763 OF 2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,
KOLLAM
REVISION PETITIONERS/PETITIONER/ACCUSED:
1 VINU C SEKHAR
AGED 43 YEARS,
S/O CHANDRASEKHARAN, SIVADAM, CHERUMOODU CHERRI,
PERINAD VILLAGE, KOLLAM, PIN - 690601
2 SREEJA
AGED 41 YEARS
W/O VINU, SIVADAM, CHERUMOODU CHERRI, PERINAD
VILLAGE, KOLLAM, PIN - 690601
BY ADVS.
SRI.V.JAYAPRADEEP
SRI.DIPU.R
SMT.O.A.NURIYA
SRI.ALAN PRIYADARSHI DEV
SMT.REVATHY P. MANOHARAN
SMT.CHANDANA VIJAYAN
SMT.ATHULLYA S.
SRI.K.S.BAIJU
SHRI.BASIL MATHEW
SMT.DHANYA BABU
SMT.NEETHU SASI
SMT.ANSU SARA MATHEW
2025:KER:52278
Crl.R.P.387 of 2025
2
RESPONDENTS/RESPONDENTS/COUNTER PETITIONER:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 STATION HOUSE OFFICER
KUNDARA POLICE STATION, KOLLAM, PIN - 691501
3. BIJI, AGED 49 YEARS, D/O.VIJAYAMMA, BINDHU
BHAVAN, CHERUMOODU, VELLIMON P.O, KUNDARA,
KOLLAM, PIN - 691501.
(ADDL.R3 IS IMPLEADED VIDE ORDER DATED 30.5.2025
IN CRL.M.A 3/2025 IN CRL.R.P.387/2025
OTHER PRESENT:
SRI G SUDHEER, PP
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 15.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:52278
Crl.R.P.387 of 2025
3
ORDER
The petitioners are the accused in C.C No.1763/2018 on the files of
the Judicial First Class Magistrate Court-I, Kollam. The offences alleged against
them are under Sections 294(b), 341, 447, 323 and 354 read with Section 34 of
the Indian Penal Code, 1860.
2. The prosecution case is that, on 24.07.2017 at about 3.00 p.m,
the accused persons trespassed into the courtyard of the house of the de facto
complainant (CW1) and criminally assaulted her when she obstructed the
construction of a compound wall by them. The 1 st accused allegedly caught-
hold of the churidar shawl of CW1 and outraged her modesty. It is also alleged
that he fisted her upon the abdomen and kicked her down. The 2 nd accused is
also alleged to have mounted physical assault and showered verbal abuses upon
the de facto complainant. The reason stated is said to be the pending civil
disputes between the parties.
3. The petitioners filed C.M.P No.8010/2024 before the learned
Magistrate for their discharge. It was alleged in the above petition that the 1 st
petitioner was at his place of employment at the time of the incident. The further
contentions raised in the above discharge petition are that, in the wound
certificate, the names of the accused are not stated, and that CW1 was treated
at a hospital far away from the place of occurrence. A delay of three days in
registering the F.I.R is also pointed out as a ground for discharge. The learned
2025:KER:52278
Crl.R.P.387 of 2025
Magistrate, by the impugned order dated 04.02.2025, held that there is
absolutely no ground for ordering the discharge of the accused, and that the
petitioners/accused have to face trial. Aggrieved by the said order, the
petitioners are here before this Court with this revision petition.
4. Heard the learned counsel for the petitioners and the
learned Public Prosecutor representing the State of Kerala.
5. The learned counsel for the petitioner submitted that there
are pending civil issues between the parties, and that a false case has been
foisted against the petitioners as an act of reprisal. It is also submitted that the
delay of three days in lodging the First Information Statement, as well as the
failure to record the names of the accused in the wound certificate, are to be
taken as reasons for ordering the discharge of the accused.
6. It has to be stated that the challenges raised by the
petitioners in the above regard are not sufficient to claim discharge from the
criminal prosecution launched against them. Going by the well settled principles
of law, the order of discharge could be resorted to, only in those cases where
the allegations in the prosecution records, even if accepted as such, would not
constitute the offence alleged against the offenders.
7. As far as the present case is concerned, the First
Information Statement and Final Report with the statement of witnesses, would
clearly bring-home the offences alleged against the petitioners. The challenge
regarding alibi is a matter to be decided at the time of trial, as rightly observed
by the learned Magistrate. So also, the contention that the names of the
2025:KER:52278
Crl.R.P.387 of 2025
accused are not mentioned in the wound certificate, is absolutely untenable
while appreciating arguments in support of discharge. As far as the wound
certificate is concerned, the Medical Personnel,who makes entries therein, are
not expected to conduct an enquiry as to the mode of commission of the
offence or the persons involved therein. It is only the condition of the person
brought before the Medical Officer and the treatment administered thereunder,
which are expected to be mentioned in the wound certificate. The mere fact
that there is a pending civil litigation between the parties cannot be taken as a
reason to accept the argument of the learned counsel for the petitioners that a
false case has been foisted against the petitioners. All those aspects are to be
dealt with in the trial, which the petitioners have to face before the learned
Magistrate. There is absolutely no illegality or impropriety in Annexure A4
order passed by the learned Magistrate. Needless to say that the challenge
against Annexure-A4 is totally baseless and unfounded.
The revision petition is accordingly dismissed.
Sd/-G.GIRISH
JUDGE
ma/15.07.2025
2025:KER:52278
Crl.R.P.387 of 2025
APPENDIX OF CRL.REV.PET 387/2025
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE CRLMC. NO. 5857 OF
2019 BEFORE THIS HONOURABLE COURT
Annexure A2 TRUE COPY OF THE ORDER DATED 21.11.2024
IN CRL M.C. 5857 OF 2019 OF THIS
HONOURABLE
Annexure A3 THE TRUE COPY OF THE DISCHARGE
APPLICATION U/S 269 OF BNSS
DATED.24.12.2024
Annexure.A4 CERTIFIED COPY OF THE ORDER OF THE
JUDICIAL MAGISTRATE OF THE FIRST CLASS-
I, KOLLAM DATED 04.02.2025 IN C.M.P NO.
Annexure.A5 TRUE COPY OF JUDGMENT DATED 13.04.2018
IN I.A. 4630/2017 IN O.S. NO. 740/2017
OF THE MUNSIFF'S COURT, KOLLAM
Annexure.A6 THE TRUE COPY OF ONE OF SUCH MASS
PETITION
