Disposed

Praveen Kumar N.T. v. Victim

Kerala HC1 Oct 2019Crl.MC/4242/2019

Case brief

AI extract

What is this about?

In a criminal miscellaneous case under Section 482 Cr.P.C. seeking quashing of an FIR and complaint registered for rape and kidnapping, the Court refused to quash the proceedings. It directed the investigating agency to complete the investigation within two months, taking into account the complainant's subsequent statement under Section 164 Cr.P.C. which favored the petitioner, and allowed further

What did the court decide?

Directs investigation to be completed within two months; petitioner allowed to seek remedies after final report is filed.

Praveen Kumar N.T. Vs Victim — Bail and Remand | Kerala HC (2019)

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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 ALEXANDER THOMAS

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TUESDAY, THE 01ST DAY OF OCTOBER 2019 / 9TH ASWINA, 1941

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Crl.MC.No.4242 OF 2019(A)

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CRIME NO.177/2019 OF Thiruvambadi Police Station , Kozhikode

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PETITIONER/ACCUSED:

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PRAVEEN KUMAR N.T. AGED 39 YEARS S/O VELAYUDHAN, SWAPNA NIVAS, KURUVANGAD P.O.KOZHIKODE DISTRICT

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BY ADVS. SRI.M.PROMODH KUMAR SMT.MAYA CHANDRAN

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RESPONDENTS/COMPLAINANT & STATE:

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1 VICTIM VICTIM

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2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM-31.

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R1 BY ADV. SRI.ZUBAIR PULIKKOOL

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OTHER PRESENT:

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SRI.P.N.SUMODU, PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.4242/2019

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ALEXANDER THOMAS, J.

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Crl.M.C.No. 4242 of 2019

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Dated this the 1^st day of October, 2019

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ORDER

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The case projected in this Criminal Miscellaneous Case filed under Section 482 of Cr.P.C. reads as follows:- The petitioner is falsely arrayed as accused in Crime No.177/2019 of Thiruvambadi Police Station under Sections 376(1) and 363 of IPC, at the instance of the 1^st respondent. The petitioner is working as a Civil Police Officer in Thiruvambadi Police Station, Kozhikode District. The 1^st respondent is working as a Supervisor in a hotel at Mukkam. In Annexure-I complaint submitted to the Superintendent of Police, it is falsely stated that the petitioner went to the 1^st respondent for passport verification and later disturbed her with unnecessary phone calls. On getting passport, the petitioner took her to Sahir Residency near Airport for verification for taking her abroad and raped her, this incident continued in three occasions etc. Consequent upon Annexure-1, the Police registered Annexure II F.I.R under Section 376(1) and 363 of IPC. The complaint is absolutely false. The 1^st respondent is known to the petitioner for about last 6 months. They used to have conversations over phones. The intimacy developed to the extent that she used to reveal her personal issues to the petitioner and the

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Crl.M.C.No.4242/2019

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petitioner used to console her. Subsequently, when the phone call become frequent and a situation arose that it is created disturbance in the petitioner's personal as well as professional life, he warned the 1^st respondent about such frequent phone calls on several occasions. Later the petitioner refused to attend the phone calls to make her withdraw from the relationship. This led the 1^st respondent to have ill feeling towards the petitioner and filed the complaint. It is learnt that, later, on realizing her mistake and understanding, the consequences, the 1^st respondent voluntarily given a statement under Section 164 of Cr.P.C. Statement before the Magistrate stating that the petitioner and the 1^st respondent were close friends, she filed Annexure-I complaint when her relationship with the petitioner got strained and the petitioner stopped the phone calls. She has no complaint against the petitioner etc. Annexure-1 complainant itself is not maintainable, a bare perusal of it will reveal that the complaint is false, fictitious and unsustainable in law and one filed on extraneous considerations to settle scores against the petitioner. It is in the light of these factual averments that the petitioner has filed the instant Criminal Miscellaneous Case with the following prayer:

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“1. Quash Annexure-1 complaint and Annexure-II FIR in Crime No.177/2019 of Thiruvambady Police Station registered at the instance of the 1^st Respondent, in the facts and circumstances of the case in the interest of justice.”

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Heard Sri. M. Pramodh Kumar, learned counsel appearing

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Crl.M.C.No.4242/2019 4

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for the petitioner, Sri. P.N. Sumodu, learned Public Prosecutor appearing for R2 State of Kerala and Sri.Zubair Pulikkool, learned counsel appearing for R1.

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The essential contention made by the petitioner is that this Court may quash the impugned Annexures-I and II proceedings, in view of the facts revealed by the 1^st respondent in her subsequent Section 164 of Cr.P.C statement given before the learned Magistrate.

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The learned Public Prosecutor would now submit that a statement dated 31.5.2019 has been given by the 1^st respondent lady defacto complainant before the learned Magistrate under Section 164 of Cr.P.C. It appears that the contents of the said statement is in favour of the petitioner.

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Taking note of the facts and circumstances of the case, this Court is of the considered view that the interest of justice would be advanced by giving liberty to the investigating agency to complete the investigation, so as to file the final report in the matter without any further delay. Accordingly, it is ordered that the Investigating Officer concerned will ensure that the investigation in this case is finalized without much delay and the matter in relation to the above said subsequent statement dated 31.5.2019 given by the 1^st respondent lady victim to the learned Magistrate under Section 164 of Cr.P.C. should also be duly taken into consideration while submitting the final report in the matter. The investigation should be completed so as to submit

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Crl.M.C.No.4242/2019 5

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the final report in this case before the competent Criminal Court without much delay, preferably within a period of two months from the date of production of certified copy of this order. Further it is made clear that, after the submission of the final report, in case the petitioner has any legally justiceable grievance thereto, the petitioner will have liberty to work out his remedies in the manner known to law.

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With these observations and directions and with the said liberty, the above Crl.M.C. will stand disposed of.

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Sd/-

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ALEXANDER THOMAS, JUDGE.

Acd

Crl.M.C.No.4242/2019

APPENDIX

PETITIONER'S/S EXHIBITS:

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ANNEXURE 1	CERTIFIED	COPY OF THE COMPLAINT FILED
	BY THE 1ST	RESPONDENT DATED 27.5.2019
	BEFORE THE THIRUVAMBA	SUPERINTENDENT OF POLICE DY
ANNEXURE 11	CERTIFIED 30.5.2019 POLICE	COPY OF THE FIR DATED REGISTERED BY THIRUVAMBADI

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True Copy

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P.S. To Judge.

Praveen Kumar N.T. v. Victim

Case brief

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Praveen Kumar N.T. v. Victim

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