Remanded

P M Manoj v. State of Kerala

Kerala HC10 Nov 2020OP(Crl.)/328/2015

Case brief

AI extract

What is this about?

The Court quashed the conviction and order under Section 121 of the Police Act for a Station House Officer. The HC held that it was impermissible to convict without affording the accused an opportunity to establish grounds for non-service of notice and process. The matter was remanded to the trial court.

What did the court decide?

O.P.(Crl) No.328 of 2015 allowed; matter remanded to trial court for fresh consideration.

P M Manoj Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2020)

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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 P.SOMARAJAN

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TUESDAY, THE 10TH DAY OF NOVEMBER 2020 / 19TH KARTHIKA, 1942

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OP(Crl.).No.328 OF 2015(Q)

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M.C.No.4/2013 IN S.T.No.71/2012 OF JFCM-II, KOYILANDY

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PETITIONER:

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P M MANOJ, AGED 41 YEARS, S/o KUNHIRAMA KURUP, PAZHAYAMADATHIL HOUSE, MUYIPOTH P.O., KOYILANDI TALUK, KOZHIKKODE, PIN-673524.

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BY ADVS.SRI.PRASUN.S SRI.PAUL MATHEW (PERUMPILLIL) SRI.J.S.RAJESH BABU SRI.P.V.SREENIJIN SMT.K.B.SONY

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RESPONDENT:

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI, PIN-682031.

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BY PUBLIC PROSECUTOR SRI. E.C. BINEESH

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THIS OP (CRIMINAL) HAVING BEEN FINALLY HEARD ON 10.11.2020. THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(Crl) No.328 of 2015

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JUDGMENT

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M.C. was registered against the Station House Officer for the violation of the order in not serving notice and process. Show cause notice was issued to which a reply was submitted which was found to be not satisfactory. Hence proceedings were initiated under Section 121 of the Police Act and entered into a conviction and sentenced to a fine of Rs.2,000/-, against which the Station House Officer came up.

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opportunity was afforded to establish the ground and attending circumstance under which the notice and process could not be served and without affording an opportunity to establish the grounds, a conviction under Section 121 of Police Act entered into. Right of hearing and adducing evidence is a valuable right,

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which cannot be curtailed, unless there is warranting

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O.P.(Crl) No.328 of 2015 3

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reason. No opportunity was given to the petitioner to establish the circumstance under which he could not serve the process. Hence, the impugned order cannot be sustained, liable to be set aside. I do so. The matter is remanded back to the trial court for fresh consideration. The parties shall appear before the trial court on 09.12.2020.

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O.P.(Crl) is allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE

DMR/-

O.P.(Crl) No.328 of 2015

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	THE TRUE PHOTOCOPY OF THE ORDER DATED 26/3/2013 IN MC NO 4 OF 2013 IN ST NO 71 OF 2012 RENDERED BY THE JFCM COURT II, KOYILANDY
EXHIBIT P2	THE TRUE PHOTOCOPY OF THE SHOW CAUSE NOTICE DATED 14/2/2013 ISSUED TO THE S H O, VATAKARA POLICE STATION
EXHIBIT P3	THE TRUE PHOTOCOPY OF THE EXPLANATION DATED NIL FURNISHED BEFORE THE JFCM COURT II, KOYILANDY THROUGH MR.RAJEESH , A CIVIL POLICE OFFICER ON 15/3/2013
EXHIBIT P4	THE TRUE PHOTOCOPY OF THE DIRECTOR DATED 16/4/2015 ISSUED TO THE PETITIONER HEREIN FROM THE JFCM COURT II, KOYILANDY
EXHIBIT P5	THE TRUE PHOTOCOPY OF THE DIRECTION DATED 17/7/2015 ISSUED TO DEPUTY SUPERINTENDENT OF POLICE, VATAKARA, FROM THE JFCM COURT II, KOYILANDY

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RESPONDENT'S EXHIBIT: NIL

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// TRUE COPY //

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P.A. TO JUDGE

P M Manoj v. State of Kerala

Case brief

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P M Manoj v. State of Kerala

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