Allowed

Nabeesu v. the State of Kerala

Kerala HC24 Jul 2024Crl.MC/1947/2020

Case brief

AI extract

What is this about?

Petitioner, mother of the first accused, challenged a Section 319 Cr.P.C. order adding her as second accused in an assault case. The High Court found PW1's deposition alone insufficient, set aside the order and removed her from the accused array, leaving liberty to invoke Section 319 later.

What did the court decide?

Annexure F order set aside; petitioner removed from array of accused; liberty reserved to trial court to invoke Section 319 Cr.P.C. if role is spelt out by Sathyakumar or other witnesses; interim stay

Nabeesu Vs the State of Kerala — Quashing and FIR | Kerala HC (2024)

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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 A. BADHARUDEEN

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WEDNESDAY, THE 24TH DAY OF JULY 2024 / 2ND SRAVANA, 1946

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CRL.MC NO. 1947 OF 2020

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CC NO.124 OF 2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS, PONNANI
PETITIONER/ACCUSED NO.2:

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NABEESU,
AGED 59 YEARS
W/O.MANAF, MANALOOR HOUSE, PURANGU, MARAMUTTOM,
MALAPPURAM DISTRICT.
BY ADVS.
S.RAJEEV S
V.VINAY(K/355/2009)
M.S.ANEER(K/644/2013)
SARATH K.P.(K/001467/2021)
PRERITH PHILIP JOSEPH(K/000736/2015)
ANILKUMAR C.R.(K/001190/2020)
K.S.KIRAN KRISHNAN(K/3514/2022)

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RESPONDENTS/STATE, COMPLAINANT & PETITIONER:

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1THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, KOCHI, PIN-682031.
2THE SUB INSPECTOR OF POLICE,
PERUMBADAPPU POLICE STATION, MALAPPURAM DISTRICT, PIN-
679580.
3THE ASSISTANT PUBLIC PROSECUTOR,
PONNANI, MALAPPURAM DISTRICT, PIN-679577.
BY PUBLIC PROSECUTOR SRI.M.P.PRASANTH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
24.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO.1947 OF 2020 2

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ORDER

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Dated this the 24^th day of July, 2024

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This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C' hereinafter), by the petitioner, who is the 2^nd accused in C.C.No.124/2015 on the files of the Judicial First Class Magistrate Court, Ponnani and the prayer herein is as under:

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To set aside/quash the Order in C.M.P.No.469/2020 in C.C.No.124/2015 of the J.F.C.M., Ponnani dated, 14-12-2020 (Annexure F), in the interests of justice.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused Annexure E order.

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The petitioner herein challenges Annexure F order, whereby, the learned Judicial First Class Magistrate, Ponnani, arrayed the petitioner herein, who is the mother of the 1^st accused in the above case, as 2^nd accused, by invoking power under Section

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319 of the Cr.P.C., on the finding that, during examination of PW1,

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CRL.MC NO.1947 OF 2020 3

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he categorically deposed the role played by the mother of the 1^st accused also. Accordingly, the prosecution alleges commission of offences punishable under Sections 341, 323, 324, 294(b) and 506(ii) r/w Section 34 of the Indian Penal Code, by accused Nos.1 and 2.

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On perusal of the deposition of PW1, produced as Annexure D, there is disclosure that, the mother of the 1^st accused also beaten one Sathyakumar and the mother of the 1^st accused illegally confined Sathyakumar. Apart from this statement, nothing extracted, while invoking power under Section 319 of the Cr.P.C.

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In fact, going by the narration of PW1, the attack is against Sathyakumar. Therefore, the trial court ought to have waited till the stage of examination of Sathyakumar, to invoke power under Section 319 of the Cr.P.C., because he is the best person to speak about, who attacked him.

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In view of the above infirmity, Annexure F order stands set aside and the petitioner herein/2^nd accused is removed from the array of the accused. However, it is specifically made clear

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CRL.MC NO.1947 OF 2020 4

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that, during examination of Sathyakumar or any other witnesses, if the role of the mother of the 1^st accused/petitioner herein/2^nd accused, is specifically spelt out, the court is at liberty to invoke Section 319 of the Cr.P.C. su0 motu or on the application of the prosecution, as per law. For the said purpose, the trial court is at liberty to examine Sathyakumar as the next witness.

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This Criminal Miscellaneous Case stands allowed, as indicated above.

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The interim order of stay granted by this Court, stands vacated.

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Registry is directed to forward a copy of this order to the trial court, for information and further steps.

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Sd/- A. BADHARUDEEN JUDGE

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CRL.MC NO.1947 OF 2020 5

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APPENDIX OF CRL.MC 1947/2020

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PETITIONER’S ANNEXURES

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ANNEXURE ACERTIFIED COPY OF F.I.R. IN CRIME
NO.552/2014 OF THE PERUMBADAPPU POLICE
STATION DATED 9.11.2014.

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ANNEXURE BCERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.552/2014 OF THE PERUMBADAPPU
POLICE STATION, FILED BY THE POLICE DATED
06.01.2015.

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ANNEXURE CCERTIFIED COPY OF THE COURT CHARGE IN
C.C.NO.124/2015 OF J.F.C.M., PONNANI
DATED 10.08.2017.

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ANNEXURE DCERTIFIED COPY OF THE EXAMINATION IN
CHIEF OF PW1 IN C.C.NO.124/2015, DATED
15.01.2020.

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ANNEXURE ETRUE COPY OF THE APPLICATION SUBMITTED BY
THE 3RD RESPONDENT BEFORE THE J.F.C.M.,
PONNANI, DATED 24.01.2020.

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ANNEXURE FCERTIFIED COPY OF THE ORDER IN
C.M.P.NO.469/2020 IN C.C.NO.124/15 OF
J.F.C.M., PONNANI DATED 14.02.2020.

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RESPONDENTS’ ANNEXURES : NIL

Nabeesu v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Nabeesu v. the State of Kerala

Case brief

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