Kerala High Court
Anila K. Sankar @ Anila Murali vs State Of Kerala on 13 March, 2025
CRL.MC NO.3939 OF 2023 1 2025:KER:21909
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
THURSDAY, THE 13TH DAY OF MARCH 2025 / 22ND PHALGUNA, 1946
CRL.MC NO. 3939 OF 2023
CRIME NO.299/2019 OF Munnar Police Station, Idukki
AGAINST THE ORDER/JUDGMENT IN CC NO.392 OF 2019 OF JUDICIAL
MAGISTRATE OF FIRST CLASS, DEVIKULAM
PETITIONER/ACCUSED:
ANILA K. SANKAR @ ANILA MURALI
AGED 52 YEARS
W/O. MURALI, ELLAPARA HOUSE, MACHIPLAVUKARA,
MANNAMKANDA VILLAGE, ADIMALY, IDUKKI DISTRICT, NOW
RESIDING AT, A12, ESI QUARTERS, ERNAKULAM NORTH,
ERNAKULAM DISTRICT., PIN - 682018
BY ADVS.
MATHEW KURIAKOSE
T.G.SUNIL (PERUMBAVOOR)
J.KRISHNAKUMAR (ADOOR)
C.N.PRAKASH
SHAJI P.K.
RESPONDENTS/COMPLAINANT-STATE & VICTIM:
1 STATE OF KERALA,
(CRIME NO. 299/2019 OF MUNNAR POLICE STATION),
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682 031., PIN - 682031
2 KALA CHATHRI
AGED 28 YEARS
W/O. HARI CHATHRI, C/O. AJI, KALLUPARAMBIL,
CRL.MC NO.3939 OF 2023 2 2025:KER:21909
POTHAMEDUKARA, PALLIVASAL VILLAGE, IDUKKI DISTRICT -
685565, HAVING PERMANENT ADDRESS AT DIANA TEA GARDEN,
BENARHUT KARA, JALPAYIGURI, BENARHUT DISTRICT, WEST
BENGAL., PIN - 735101
SRI. SANAL P. RAJ (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO.3939 OF 2023 3 2025:KER:21909
C. JAYACHANDRAN, J.
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Crl.M.C.No.3939 of 2023
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Dated, this the 13th day of March, 2025
ORDER
The petitioner is the sole accused in Crime No.299/2019
of the Munnar Police Station, Idukki, now pending as
C.C.No.392/2019 before the Judicial First Class
Magistrate Court, Devikulam. The petitioner seeks
quashment of the said crime, as also, the said C.C. in
the instant Crl.M.C.
2. Heard the learned Counsel for the petitioner,
learned counsel for the 2nd respondent/defacto
complainant and the learned Public Prosecutor. Perused
the records.
3. Learned counsel for the petitioner submitted that,
going by the F.I.S. preferred by the injured person,
the incident took place at a road in front of her
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house; whereas, it took place at a cardamom plantation,
as per the statement given by one Mohanan-CW2.
Referring to the wound certificate (Annexue-B), it was
pointed out that, the history recorded would indicate
an assault by five known persons; which is not the case
espoused by the defacto complainant, as also, CW2 in
their former statements. There is no injury also
corresponding to the narration in the F.I.S. in
Annexure B wound certificate. Learned Counsel argued
that, the petitioner is none other than the sister of
CW2, who allegedly came to the spot immediately after
the incident, upon information being given by the
injured/defacto complainant. The injured/defacto
complainant is a woman from West Bengal, and is an
employee of CW2. Admittedly, there exists animosity
between CW2, and her sister/the petitioner/accused. A
civil suit was pending between them, and Annexure G is
a verdict in favour of the petitioner/accused herein.
The totality of the above circumstances would lead to
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the conclusion that, the instant case is a false one,
fabricated at the instance of CW2, by using the defacto
complainant as a tool. In such circumstances, the
crime, as also, all further proceedings therefrom is
liable to be quashed, is the submission made by the
learned Counsel for the petitioner.
4. This application was seriously opposed by the
learned Public Prosecutor.
5. Having heard the learned counsel appearing for the
respective parties, this Court finds that, the facts
and circumstances are not conducive to invoke the
powers under Section 482 of the Cr.P.C to quash the
crime, and all further proceedings.
6. The facts and circumstances indicated by the learned
Counsel for the petitioner may point to the probability
of a false case being foisted against the petitioner.
However, no conclusion in this regard is possible,
which exercise requires collection of evidence. In
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exercise of the powers under Section 482 of this Court,
the same cannot be done. It has to be done by the trial
court, by putting the parties to trial, and a call has
to be taken based on the evidence adduced by them. This
is all the more so, since what the petitioner
essentially canvass a false case foisted against her,
at the instance of her brother. In the circumstances,
this Crl.M.C. will stand disposed of.
7. However, this Court take note of the fact that,
C.C.No.392/2019 pending before the Judicial First Class
Magistrate Court, Devikulam, is a case of the year
2019, corresponding to a crime of the same year.
Therefore, this Court directs the learned Magistrate to
expedite the trial in C.C.No.392 of 2019 and to dispose
of the same, within a period of eight months from the
date of receipt of a copy of this Order.
8. The personal appearance of the petitioner will stand
dispensed with, except during the course of trial, and
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on dates when her presence is inevitable, in the
estimation of the trial court.
This Crl.M.C. is disposed of, as above.
Sd/-
C. JAYACHANDRAN
JUDGE
ska
CRL.MC NO.3939 OF 2023 8 2025:KER:21909
PETITIONER ANNEXURES
Annexure A TRUE COPY OF THE FIR AND FIS IN CRIME NO.
299/2019 OF MUNNAR POLICE STATION IN IDUKKI
DISTRICT
Annexure B 3. TRUE COPY OF THE ACCIDENT CUM WOUND
CERTIFICATE DATED 04.05.2019 ISSUED BY THE
HIGH RANGE HOSPITAL, MUNNAR IN RESPECT OF THE
VICTIM IN CRIME NO. 299/2019 OF MUNNAR POLICE
STATION
Annexure C TRUE COPY OF THE STATEMENT GIVEN UNDER
SECTION 161 CR. P.C. BY MOHANAN, WITNESS IN
CRIME NO. 299/2019 OF MUNNAR POLICE STATION
Annexure D TRUE COPY OF THE REPORT DATED 16.05.2019 IN
CRIME NO. 299/2019 SUBMITTED BY THE S.I. OF
POLICE MUNNAR BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT DEVIKULAM
Annexure E TRUE COPY OF THE FINAL REPORT IN CRIME NO.
299/2019 OF MUNNAR POLICE STATION IN IDUKKI
DISTRICT
Annexure F TRUE COPY OF THE CASE DETAILS OF C.C. NO.
392/2019 ON THE FILES OF THE JUDICIAL FIRST
CLASS MAGISTRATE COURT, DEVIKULAM AND
OBTAINED FROM THE WEBSITE OF THE E-COURT
SERVICES
Annexure G TRUE COPY OF JUDGMENT DATED 07.01.2021 IN
O.S. NO. 161 OF 2019 OF THE MUNSIFF'S COURT
ADIMALY
Annexure H TRUE COPY OF THE EMPLOYMENT CERTIFICATE DATED
10.05.2023 ISSUED BY THE SUPERINTENDENT,
CRL.MC NO.3939 OF 2023 9 2025:KER:21909
E.S.I. HOSPITAL, ERNAKULAM AS REGARDS THE
EMPLOYMENT OF THE PETITIONER
Annexure I TRUE COPY OF THE PASSPORT APPLICATION FORM
SUBMITTED BY THE PETITIONER TO RENEW HER
PASSPORT
Annexure J TRUE COPY OF THE ONLINE APPOINTMENT RECEIPT
FIXING THE DATE OF APPOINTMENT OF THE
PETITIONER AT PASSPORT SEVA KENDRA,
THRIPUNITHURA ON 17.04.2023
