Partly allowed

Kumudini v. State of Kerala

Kerala HC1 Aug 2012Crl.MC/2433/2012

Case brief

AI extract

What is this about?

The Kerala High Court declined to quash criminal proceedings against a retired principal under Sections 306 and 500 IPC. The trial was in progress with ten witnesses examined. The court directed the petitioner to move the trial court under Section 205 CrPC for exemption from appearance.

What did the court decide?

Petitioner directed to file application under Section 205 CrPC for exemption from personal appearance; Sessions Judge to pass appropriate orders.

Kumudini Vs State of Kerala — Quashing and FIR | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN

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WEDNESDAY, THE 1ST DAY OF AUGUST 2012/10TH SRAVANA 1934

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Crl.MC.No. 2433 of 2012 ()

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SC.NO.1623/2010 of ASSISTANT SESSIONS COURT,ATTINGAL

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PETITIONER/3RD ACCUSED:

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KUMUDINI, SREENILAYAM VEEDU, KOTTAPADI TOWN HALL, ERANAD TALUK ,MALAPPURAM DISTRICT, RETIRED PRINCIPAL, GOVERNMENT POLYTECHNIC, VATTIYOORKAVU, THIRUVANANTHAPURAM.

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BY ADV. SRI.P.K.MUHAMMED

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RESPONDENTS/STATE/COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,

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HIGH COURT OF KERALA,ERNAKULAM.

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2. DETECTIVE INSPECTOR, CRIME BRANCH C.I.D,THIRUVANANTHAPURAM-PIN-695 001

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BY PUBLIC PROSECUTOR SRI.R.RANJITH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-08-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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CRMC.NO.2433/2012

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APPENDIX

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PETITIONER'S ANNEXURES:

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ANNEX A1	COPY OF THE CHARGE SHEET IN S.S.NO.1623/2010 ON THE FILE OF THE ASSISTANT SESSIONS COURT, ATTINGAL
ANNEX A2	COPY OF THE LIST OF ROLL OUT STUDENTS IN CENTRAL POLYTECHNIC COLLEGE, THIRUVANANTHAPURAM.
ANNEX A3	COPY OF THE ORDER IN WP(C)NO.6610/2005 OF THE HON'BLE HIGH COURT
ANNEX A4	COPY OF THE LETTER RECEIVED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT ON 29/6/2012
ANNEX A5	COPY OF THE PENSION PAYMENT ORDER OF THE PETITIONER.
ANNEX A6	COPY OF THE LETTER ISSUED BY THE PRINCIPAL TO THE DECEASED DATED 15/6/2005
ANNEX A7	COPY OF THE CERTIFICATE ISSUED FROM K.M.C.T., TRUST DATED 2/7/2012 TO THE PETITIONER.

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RESPONDENT'S ANNEXURES: NIL

/TRUE COPY/

P.A.TO.JUDGE

sts

S.S.SATHEESACHANDRAN, J.

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----------------------------------------------Crl.M.C No.2433 OF 2012

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------------------------------------------------------Dated this the 1^st day of August, 2012

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ORDER

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Petitioner is the third accused in Sessions Case No.1623 of 2010 on the file of Additional Sessions Court, Attingal. The above petition has been filed to quash the proceedings against her in the aforesaid case in which she is prosecuted with two other accused for offences punishable under Sections 306 and 500 r/w Section 34 of Indian Penal Code, invoking the inherent jurisdiction of this court under Section 482 of the Code of Criminal Procedure, for short, 'the Code'. The trial of that case has already commenced before the Sessions Judge, after complying with the required formalities on cognizance being taking on the offences imputed against the accused after committal of the case by the Magistrate. Trial, it is stated, is in midway, already ten prosecution witnesses, it is stated, have been examined in the case. When that be so, exercise of inherent jurisdiction of this court at this stage, whatever be the grounds set forth by the petitioner to quash the final report laid by the investigating agency, cannot be appreciated at all. It is also brought to my notice that other accused in the case have previously

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Crl.M.C No.2433/2012

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moved an application for quashing the proceedings of the case and that was dismissed by order Dated 04-06-2012 in Crl.M.C No. 1117/2012. Learned counsel for the petitioner, at this stage, requested for issuing a direction to the Sessions Judge to grant her permanent exemption from appearance during the trial submitting that presently she is employed as the head of an institution at a far away place in Kozhikode. In case the petitioner has sufficient grounds to seek for exemption from personal appearance, she can move an application before the Sessions Court under Section 205 of the Code seeking that relief. Having regard to the nature of the employment of the petitioner who is stated to be the Principal of an educational institution, that too at a far away place, and also that the petitioner is a lady, the learned Sessions Judge shall pass appropriate orders, if any such application is made, but, of course, ensuring that her presence, if so required for trial, is secured, in case exemption from personal appearance is granted.

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Subject to the above observations, petition is disposed of.

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vdv

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S.S.SATHEESACHANDRAN, JUDGE

Kumudini v. State of Kerala

Case brief

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Kumudini v. State of Kerala

Case brief

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