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Dhanya.G.Nair, v. State of Kerala

Kerala HC5 Apr 2023OP(Crl.)/137/2023

Case brief

AI extract

What is this about?

The High Court held that allegations of offences under Sections 279, 337, and 338 IPC require detailed police investigation. It directed the Magistrate to refer the complaint under Section 156(3) Cr.P.C. to the police and dispose of the petition within four weeks.

What did the court decide?

Directed the Judicial First Class Magistrate's Court, Adoor to refer the complaint for investigation under Section 156(3) Cr.P.C. and dispose of the petition within four weeks.

Dhanya.G.Nair, Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2023)

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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 BECHU KURIAN THOMAS

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WEDNESDAY, THE 5^TH DAY OF APRIL 2023 / 15TH CHAITHRA, 1945

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OP(CRL.) NO. 137 OF 2023

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CMP 469/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS, ADOOR

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PETITIONER/ PETITIONER :

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DHANYA.G.NAIR, AGED 35 YEARS, W/O.MOHANAN NAIR MOHANALAYAM, PAYANNANALLUR P.O., ALAPPUZHA DISTRICT, PIN – 690 505

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BY ADV DIVYA B.NAIR

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RESPONDENTS/ STATE :

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 031

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2 THE STATION HOUSE OFFICER, ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT, PIN – 689 694

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BY SRI.NOUSHAD K.A., PUBLIC PROSECUTOR

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THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON

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05.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING :

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OP(CRL.) NO. 137 OF 2023

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BECHU KURIAN THOMAS, J.

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O.P.(Crl.) No.137 of 2023

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Dated this the 5^th day of April, 2023

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JUDGMENT

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Petitioner had, by Ext.P1 complaint, filed C.M.P.No.469/2023 before the Judicial First Class Magistrate's Court, Adoor pointing out an accident that occurred on 29.11.2022 when he was travelling as a pillion rider on a vehicle bearing Registration No.KL-31 F 3431.

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Though the complaint was filed before the Magistrate, instead of referring the case under Section 156(3) of the Cr.P.C., the learned Magistrate posted it for taking sworn statement. It is in such circumstances that petitioner has approached this Court for a direction to forward Ext.P1 complaint under Section 156(3) of the Cr.P.C. to the police for investigation.

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When the matter came up for admission, this Court directed the Registry to obtain a report from the learned Magistrate. By communication dated 08.03.2023, it is informed that when the case was posted on 27.01.2023 for verification, petitioner failed to appear before the learned Magistrate and hence, the case was adjourned to 20.03.2023 for recording the sworn statement.

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Since Annexure A1 alleges commission of offences under Sections 279, 337 and 338 of IPC, it is a matter which requires

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OP(CRL.) NO. 137 OF 2023

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investigation by the police. When allegations involve matters which can be brought out only by an investigation by the police, it would not be, in the fitness of things, to inquire into the issue by the Magistrate. Therefore, the learned Magistrate would do well to refer the same for investigation to the police under Section 156(3), instead of taking up the case by himself.

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Having regard to the circumstances pointed out, I am of the view that the learned Magistrate ought to refer the case for investigation under Section 156(3) of the Cr.P.C. to the police since it is a matter which requires detailed investigation especially in the light of the nature of the allegations in Annexure A1.

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In view of the above, there will be a direction to the Judicial First Class Magistrate's Court, Adoor to pass appropriate orders on the complaint filed by the petitioner as C.M.P.No.469/2023 taking into reckoning the above observations, as expeditiously as possible, at any rate, within a period of four weeks from the date of receipt of a copy of this judgment.

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The original petition is disposed of as above.

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Sd/- BECHU KURIAN THOMAS, JUDGE

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RKM

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OP(CRL.) NO. 137 OF 2023

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APPENDIX OF OP(CRL.) 137/2023

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PETITIONER'S EXHIBITS :

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Exhibit P1 TRUE COPY OF THE CMP NO.469/2023 OF THE JUDICIAL FIRST CLASS MAGISTRATE, ADOOR DATED 25-1-2023 Exhibit P2 TRUE COPY OF THE DISCHARGE SUMMARY OF AMRITHA INSTITUTE OF MEDICAL SCIENCES, KOCHI DATED 5-12-2022 Exhibit P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER'S HUSBAND BEFORE THE ADOOR CIRCLE INSPECTOR OF POLICE DATED 19-12-2022 Exhibit P4 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER'S HUSBAND BEFORE THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA DATED NIL

Dhanya.G.Nair, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Dhanya.G.Nair, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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