The High Court of Kerala set aside an order taking cognizance because the trial court failed to conduct a Section 202 Cr.P.C. enquiry before adding 204 persons as additional accused. The matter was remanded for proper investigation.
Order taking cognizance set aside; matter remanded to Trial Court for proper enquiry under Section 202 Cr.P.C.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 25TH DAY OF NOVEMBER 2020 / 4TH AGRAHAYANA, 1942
Crl.MC.No.217 OF 2019(F)
AGAINST THE ORDER/JUDGMENT IN CC 203/2012 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE ,TRIVANDRUM
PETITIONER/24th ACCUSED:
GEEJO FRANCIS, S/O FRANCIS, AGED 45 YEARS 158, ARUMUGHA NAGAR, RAMANATHAPURAM, COIMBATORE, TAMIL NADU.
BY ADV. SRI.SOJAN MICHEAL
RESPONDENTS/STATE & COMPLAINANT:
1 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, ERNAKULAM - 682 031
2 JOY KAITARATH, S/O ANTONY, AGED 65 YEARS, 98/09, MONODYTHERUVU, VELLIKULANGARA P.O., THRISSUR DISTRICT-680693.
SRI.E.C. BINEESH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 25.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.217 OF 2019(F) 2
ORDER
Cognizance was taken against accused Nos.1
to 207 for the offence under Section 86(1) and (2) of the Kerala Prisons and Correctional Services (Management) Act, 2010, against which the accused No.24 came up.
Cognizance was taken on a complaint in
which there were only two accused persons. Subsequently, a list of 204 person was submitted along with a memo as additional accused persons, against whom cognizance was taken for the said offence, without disclosing the preliminary enquiry conducted. It is not made mentioned whether any sworn statement recorded or not. The requirement under Section 202 Cr.P.C. not complied with. Hence the order taking cognizance is set aside. The matter is remanded back to the Trial Court so as to have
Crl.MC.No.217 OF 2019(F) 3
a proper enquiry before taking cognizance. The parties shall appear before the learned Magistrate on 07/01/2021.
Sd/-
P.SOMARAJAN
JUDGE
msp
Crl.MC.No.217 OF 2019(F) 4
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE I CERTIFIED COPY OF THE COMPLAINT DATED 18.10.2011 ANNEXURE II CERTIFIED COPY OF THE MEMO DATED 5.3.2012 ALONGWITH LIST OF PERSONS ANNEXURE III TRUE COPY OF THE ORDER DATED 6.3.2012 OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM ANNEXURE IV TRUE COPY OF THE ORDER IN CRL.MC.658/2013 DATED 25.8.2017
RESPONDENTS EXHIBITS:NIL
//TRUE COPY//
P.A. TO JUDGE
2 issues framed by the court
Whether the order taking cognizance without complying with Section 202 Cr.P.C. should be set aside.
Whether a pre-requisite of preliminary enquiry was required before adding 204 accused persons.
2 provisions across 2 enactments
GEEJO FRANCIS
THE STATE OF KERALA
JOY KAITARATH
P. SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
