Allowed

Kunjayyappan v. State of Kerala

Kerala HC20 May 2016Crl.MC/1808/2016

Case brief

AI extract

What is this about?

The High Court allowed a criminal miscellaneous petition. The petitioner, de facto complainant in an FIR under Section 324 IPC, sought composition without the accused's presence. The Court issued directions to the Magistrate to consider the composition application without insisting on the accused's appearance.

What did the court decide?

Directing the learned Magistrate to proceed with the consideration of the application for composition filed by the victim without insisting on the personal appearance of the accused.

Kunjayyappan Vs State of Kerala — Kerala HC (2016) — LawSathi Research

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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 RAJA VIJAYARAGHAVAN V.

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FRIDAY, THE 20TH DAY OF MAY 2016/20TH VAISAKHA 1938

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Crl.MC.No. 1808 of 2016 ()

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CC 49/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, CHAVARA CRIME NO. 742/2009 OF CHAVARA POLICE STATION , KOLLAM

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PETITIONER(S)/DEFACTO COMPLAINANT:

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KUNJAYYAPPAN, S/O GANGADHARAN, SASTHAMANGALATH VEEDU, THOTTINU VADAKUMURI,CHAVARA VILLAGE, KOLLAM DISTRICT.

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BY ADV. SRI.AJAYA KUMAR G.

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RESPONDENT(S)/STATE AND COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2. SUB INSPECTOR OF POLICE, CHAVARA POLICE STATION, KOLLAM-691583.

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BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE P.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-05-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rvs.

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Crl.MC.No. 1808 of 2016 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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ANNEXURE A1: A TRUE COPY OF THE CHARGE SHEET IN CRIME NO.742/2009 OF CHAVARA POLICE STATION. ANNEXURE A2: A TRUE COPY OF THE SANCTION PETITION. ANNEXURE A3: A TRUE COPY OF THE COMPOUNDING PETITION.

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RESPONDENT(S)' EXHIBITS :

NIL.

/TRUE COPY/

P.A.TO JUDGE

rvs.

RAJA VIJAYARAGHAVAN V, J.

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Crl.M.C.No.1808 of 2016

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Dated this the 20^th day of May, 2016

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O R D E R

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1.The petitioner is the de facto complainant in

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C.C.No.49/2014 on the files of the Judicial First Class Magistrate Court - I, Chavara. The offence alleged is under S.324 of the IPC.

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2.Short grievance is that the learned Magistrate is insisting on the personal appearance of the accused for considering the application for composition of the offence. Annexures A2 and A3 are the applications filed before the learned Magistrate by the petitioner seeking sanction and composition.

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3.. It is submitted by the learned counsel that the incident had taken place on 5.10.2009 and hence the implications of the amendments to the Code which came into effect on and from 31.12.2009 will not apply. Referring to the

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Crl.M.C.No.1808 of 2016 : 2 :

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judgments of this court in Mathew v. State of Kerala, [1986 KLT 128] and Y.P.Baiju Vs. State of Kerala and Others [2007 (4) KHC 706] , it is submitted that directions be issued to consider the applications without insisting for the presence of the accused.

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4.I do not find any reason to disallow the prayer of the petitioner in view of the ratio laid down in the above decisions.

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5.In the result, the petition is allowed. The learned Magistrate before whom Annexures A2 and A3 are pending is directed to proceed with the consideration of the application of composition filed by the victim and pass appropriate orders.

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6.The petition is disposed of as above.

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Sd/-

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RAJA VIJAYARAGHAVAN V, JUDGE.

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[True copy]

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P.A to Judge

Kunjayyappan v. State of Kerala

Case brief

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Kunjayyappan v. State of Kerala

Case brief

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