Dismissed

Sunil Dutt.S. v. State of Kerala

Kerala HC2 Apr 2024Crl.MC/4807/2019

Case brief

AI extract

What is this about?

The High Court rejected a petition filed under Section 482 CrPC seeking quashing of the FIR, final report, and charge sheet in a case where the petitioner, a teacher, was alleged to have sexually assaulted a student. Finding prima facie allegations made out, the court dismissed the petition.

What did the court decide?

Petition to quash FIR, Final Report and charge sheet dismissed with liberty to defend.

Sunil Dutt.S. Vs State of Kerala — Kerala HC (2024) — LawSathi Research

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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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TUESDAY, THE 2ND DAY OF APRIL 2024 / 13TH CHAITHRA, 1946

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CRL.MC NO. 4807 OF 2019

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AGAINST THE PROCEEDINGS IN C.C.NO.808/2016 OF JFMC-II KOLLAM
CRIME NO.1224/2012 OF ERAVIPURAM POLICE STATION, KOLLAM

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PETITIONER/ACCUSED:

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SUNIL DUTT.S.
AGED 56 YEARS
SAI ALK, KNRA 31A, KOOTTIKKADA P.O., KOLLAM-691 020
BY ADVS.
A.K.PREETHA A.K.
V.T.RAGHUNATH(K/704/1979)
C.ANIL KUMAR(K/000906/1993)
RESHMA R.KRISHNAN(K/001493/2021)

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RESPONDENTS/STATE/COMPLAINANT AND DEFACTO COMPLAINANT:

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1 STATE OF KERALA

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

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2 THE DISTRICT POLICE CHIEF, KOLLAM, PIN-691 001.

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3 THE CIRCLE INSPECTOR, ERAVIPURAM POLICE STATION, KOLLAM, PIN-691 011

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4 SUB INSPECTOR OF POLICE, ERAVIPURAM POLICE STATION, KOLLAM, PIN-691 011

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5 THE ASSISTANT COMMISSIONER OF POLICE (SPECIAL BRANCH) KOLLAM, PIN-691 002.

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6 THE MANAGER, MAYYANAD HIGHER SECONDARY SCHOOL, MAYYANAD P.O. KOLLAM, PIN-691 303

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M.P. PRASANTH - PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
02.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C. No. 4807 of 2019

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ORDER

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Dated this the 2 nd day of April, 2024

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This petition has been filed under Section 482 of the Code of Criminal Procedure to quash Annexure-A FIR, Annexure-L Final Report and charge sheet in C.C. No.808/2016 pending before the Judicial First Class Magistrate Court-II, Kollam.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor appearing for the State.

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In this case, the prosecution allegation is that the petitioner/accused, who is a teacher in Mayyanad Higher Secondary School, where the 1^st witness was the Manager and the 2^nd witness was the Headmistress, subjected the defacto complainant an 8^th standard student for sexual assault and thereby committed offences punishable under Sections 354 and 509 of IPC.

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The learned counsel for the petitioner submitted that this is a case fabricated by the witness Nos. 1 and 2

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Crl.M.C. No. 4807 of 2019

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due to personal grudge upon the petitioner and the entire allegations are false.

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The learned Public Prosecutor submitted that going by the available materials, commission of offences punishable under Sections 354 and 509 of IPC by the accused could be gathered, prima facie. Therefore, this is not a fit case for quashing the Final Report.

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On perusal of the statements of the defacto

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complainant and the witnesses, recorded by the Investigating Officer, prosecution allegations are made out, prima facie, making commission of offences punishable under Sections 354 and 509 of IPC by the petitioner/ accused. Therefore, this is not a fit case for quashing the FIR and Final Report as sought for.

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Therefore, this Crl.M.C. stands dismissed with liberty to the petitioner to defend the case during trial.

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Sd/-

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A. BADHARUDEEN JUDGE

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Crl.M.C. No. 4807 of 2019

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APPENDIX OF CRL.MC 4807/2019

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`PETITION`	`ER’S ANNEXURES :`
`ANNEXURE`	`A` `TRUE COPY OF THE FIR NO 1224/2012 AND FIS DATED` `20.8.12 OF ERAVIPURAM POLICE STATION`
`ANNEXURE`	`B` `A TRUE COPY OF THE MEMO OF CHARGES DATED` `26.8.2011 ISSUED BY THE 6TH RESPONDENT`
`ANNEXURE`	`C` `A TRUE COPY OF THE COMPLAINT DATED 13.9.2011`
	`SAID TO BE SUBMITTED BY THE STUDENTS OF 8A` `CLASS`
`ANNEXURE`	`D` `A TRUE COPY OF THE COMPLAINT DATED 14.9.2011`
	`SAID TO BE SUBMITTED BY THE STUDENTS OF 8D` `CLASS`
`ANNEXURE`	`E` `A TRUE COPY OF THE REPORT DATED 27.2.2017 OF` `THE ADDITIONAL DIRECTOR (GENERAL) AND VIGILANCE` `OF PUBLIC INSTRUCTION`
`ANNEXURE`	`F` `A TRUE COPY OF THE REPRESENTATION DATED` `17.1.2013 SUBMITTED BY THE PETITIONER BEFORE` `THE DGP`
`ANNEXURE`	`G` `A TRUE COPY OF THE REPRESENTATION DATED` `7.5.2013 SUBMITTED BEFORE THE KOLLAM CITY`
`ANNEXURE`	`H` `A TRUE COPY OF THE JUDGMENT DATED 2.12.2013 IN` `WPC NO 16171/2013`
`ANNEXURE`	`I` `A TRUE COPY OF THE REPRESENTATION DATED` `11.12.2015 SUBMITTED BEFORE THE MINISTER FOR` `HOME AND VIGILANCE`
`ANNEXURE`	`J` `A TRUE COPY OF THE ENQUIRY REPORT DATED` `1.7.2016 AND THE STATEMENT OF THE STUDENTS AND` `WITNESSES SUBMITTED BY THE 5TH RESPONDENT`
`ANNEXURE`	`K` `A TRUE COPY OF THE ORDER DATED 31.8.2017 IN CRL` `MC NO 5180/2013`
`ANNEXURE`	`L` `A TRUE COPY OF THE FINAL REPORT DATED 14.3.2016`

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RESPONDENTS’ ANNEXURES : NIL

Sunil Dutt.S. v. State of Kerala

Case brief

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Sunil Dutt.S. v. State of Kerala

Case brief

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