Kerala High Court
Dr. Hemjith vs State Of Kerala on 18 July, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 18TH DAY OF JULY 2025 / 27TH ASHADHA, 1947
CRL.REV.PET NO.1078 OF 2024
CRIME NO.444/2022 OF Nedupuzha Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT DATED 26.07.2024 IN CMP No.9839/2022 IN
CC NO.2849 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,
THRISSUR
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REVISION PETITIONER/PETITIONER/DE FACTO COMPLAINANT :-
DR. HEMJITH, AGED 53 YEARS
S/O. VASUDEVAN, KOLLARA HOUSE, THRIPPAKULAM ROAD,
FATHIMA NAGAR, EAST FORT P.O., THRISSUR.,
PIN - 695 023.
BY ADVS.
SRUTHY N. BHAT
SRI.P.M.RAFIQ
SRI.M.REVIKRISHNAN
SRI.AJEESH K.SASI
RESPONDENTS/RESPONDENTS/STATE & ACCUSED :-
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 DR. K.C. PARILAL, AGED 58 YEARS
S/O. CHATHUNNI, MISSION QUARTERS,
CHEMBOOKKAVU VILLAGE, EAST FORT P.O.,
THRISSUR, PIN - 695 023.
3 HARISANKAR PARILAL, AGED 28 YEARS
S/O. DR. K.C. PARI LAL, KOLLARA HOUSE,
MISSION QUARTERS, CHEMBOOKKAVU VILLAGE,
EAST FORT P.O., THRISSUR, PIN -695 023.
4 DR. K.C. PRAKASAN, AGED 79 YEARS
S/O. CHATHUNNI, KOLLARA HOUSE, MISSION QUARTERS,
CHEMBOOKKAVU VILLAGE, EAST FORT P.O., THRISSUR.,
PIN - 695 023.
Crl.R.P.No.1078 of 2024
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5 AISWARIYA AVINASU, AGED 46 YEARS
W/O. DR. AVINASU HARIDAS, KRISHNA,
ALAPPUZHA CHERTHALA NH66, CHERTHALA, PIN - 688 524.
6 SIDHARTH, AGED 40 YEARS
S/O. VIJARAGHAVAN, KOLLARA HOUSE, KOKKALA DESOM,
VELIYANNUR, THRISSUR., PIN - 680 001.
7 MEGHA JYOTHISH MOHAN, AGED 40 YEARS
W/O. JYOTHISH MOHAN, VELLAMPARAMBIL HOUSE, POOJAR,
THEKKEAKKARA, PERIKULAM, KOTTAYAM., PIN - 679 554.
BY ADVS.
SRI.S.SREEKUMAR (SR.)
SRI.P.MARTIN JOSE
SRI.P.PRIJITH
SRI.THOMAS P.KURUVILLA
SRI.R.GITHESH
SHRI.AJAY BEN JOSE
SRI.MANJUNATH MENON
SHRI.SACHIN JACOB AMBAT
SMT.ANNA LINDA EDEN
SHRI.HARIKRISHNAN S.
SR PP SMT SEETHA S
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON
18.07.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.R.P.No.1078 of 2024
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P.V.KUNHIKRISHNAN, J
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Crl.Rev.Pet No.1078 of 2024
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Dated this the 18th day of July, 2025
ORDER
This revision is filed against the order dated 26.07.2024
in CMP No.9839/2022 in CC 2849/2023 of the Judicial First Class
Magistrate Court-II, Thrissur. The revision petitioner is the
defacto complainant in Crime No.444/2022 of Nedupuzha Police
Station. The police filed a refer report in the above crime.
Thereafter, the petitioner filed a protest complaint. In the
meanwhile, a further investigation was ordered in Crime
No.444/2022 of Nedupuzha Police Station. After further
investigation, a final report was filed against two accused. The
offences alleged in the final report are under Sections 341, 323
and 324 IPC. The grievance of the petitioner is that the offence
under Section 307 IPC was not included by the Investigating
Officer and all the accused mentioned in the complaint are not
arrayed as accused in the final report. The petitioner
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proceeded with a protest complaint. The learned Magistrate as
per the impugned order dismissed the same. Aggrieved by the
same, this revision is filed.
2. Heard the learned counsel for the petitioner and the
learned Senior Counsel Adv. S. Sreekumar who is instructed to
appear for the 2nd respondent.
3. This Court perused the impugned order. I am of the
considered opinion that the learned Magistrate ought to have
proceeded with the complaint and pass appropriate orders in
accordance with law. At this stage, the learned Magistrate need
not consider the question whether the clubbing of the cases
under Section 210 Cr.P.C. can be done or not. The learned
Magistrate has to proceed in accordance with law after
recording the sworn statement of the petitioner and other
witnesses, if any. The question of clubbing the cases is left
open. That can be decided if the learned Magistrate takes
cognizance based on the complaint.
Therefore, this revision petition is allowed. The order
dated 26.07.2024 in CMP No.9839/2022 in CC 2849/2023 of the
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Judicial First Class Magistrate Court-II, Thrissur is set aside and
CMP No.9839/2022 is restored. The learned Magistrate is
directed to proceed with the complaint, in accordance with law.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
Jvt
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APPENDIX OF CRL.REV.PET 1078/2024
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE FIR IN CRIME NO. 444/2022 OF
NEDUPUZHA POLICE STATION, THRISSUR DISTRICT
Annexure 2 TRUE COPY OF THE PRIVATE COMPLAINT FILED AS CMP
NO. 9839/2022 BEFORE THE COURT OF THE JUDICIAL
FIRST-CLASS MAGISTRATE- II, THRISSUR
Annexure 3 TRUE COPY OF THE FINAL REPORT IN CRIME NO.
444/2022 OF NEDUPUZHA POLICE STATION, THRISSUR
DISTRICT
