Quash petition by accused facing trial for confining and beating a minor house maid. Court found prima facie case of wrongful confinement, hurt and cruelty under Section 75 JJ Act; non-registration of theft counter-complaint did not discredit prosecution.
None granted; petition dismissed and interim stay vacated.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
MONDAY, THE 22ND DAY OF JULY 2024 / 31ST ASHADHA, 1946
CRL.MC NO. 5686 OF 2018
CRIME NO.975/2017 OF KALAMASSERY POLICE STATION, ERNAKULAM
IN C.C. NO.1661 OF 2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,
KALAMASSERY
PETITIONER/ACCUSED:
ROSHNI NAIR
AGED 44 YEARS, D/O PRABHAKARAN NAIR,
AISWARAYAM MUTTATHU VEEDU, CHANGANPUZHA NAGAR,
THRIKKAKARA NORTH.
BY ADVS.
S. RAJEEV
K.K. DHEERENDRAKRISHNAN
V. VINAY
RESPONDENTS/STATE:
1STATE OF KERALA
REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682 031.
ADDL R2SARALA HANSAN
D/O VEER BAHADUR, RAMJORA P O, JEMCYPARA BHAGAM,
WEST BENGAL,JALPAIGURI, WEST BENGAL, INDIA 735101
(IMPLEADED AS ADDL R2 AS PER ORDER DATED 5/11/2018 IN CRL
MA 2/18 IN CRL.M.C. NO.5686/2018)
BY ADV RESMI NANDANAN
SR PP - RENJIT GEORGE
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
03.07.2024, THE COURT ON 22.07.2024 PASSED THE FOLLOWING:
Crl.M.C. No. 5686 of 2018
2
ORDER
Dated this the 22 nd day of July, 2024
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings in C.C. No.1661/2017 on the files of the Judicial First Class Magistrate Court, Kalamassery. The petitioner is the sole accused in the above case.
Crl.M.C. No. 5686 of 2018
3
of offences punishable under Sections 342, 323, 324 of IPC and Section 75 of the Juvenile Justice (Care and Protection of Children) Act [hereinafter referred as ‘JJ Act’ for short] and the court took congnizance for the said offences.
Crl.M.C. No. 5686 of 2018
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Annexure-III complaint filed by the petitioner, though no crime was registered based on Annexure-III, since the stolen articles were returned by the defacto complainant.
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complainant, it is stated that the minor was brought to the house of the petitioner for doing house hold job on 11.08.2013 by her cousin brother ‘Chandra’. According to her, while she had been working as a house maid, she was not given salary and sufficient food by the accused. Hence, she repeatedly said to the accused illegally that she would escape from there. In order to avoid her escape, the accused detained the minor after keeping her dresses in an almirah and locked the same. There is specific allegations that, while the minor was at the house of the accused, she was beaten by the accused using hands and stick. Further, it is stated that on 30.04.2017 the defacto complainant locked the accused and left the house along with the key of the car and mobile phone. The defacto complainant stated further that, since she was locked by the accused, she also locked the accused inside the house in retaliation.
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found shelter at the Police Station, without attempting to go anywhere else and she herself stated before the Police that she had taken the key of the car and the mobile phone of the petitioner. It is true that, statement of the petitioner also was recorded alleging theft of the key of the car, mobile phone and the gold ornaments, but no crime registered. According to the learned counsel for the petitioner, no crime registered since the stolen articles were returned by the minor. It is relevant to note that if the allegation in the statement of the petitioner is true, crime should have been registered. Non registration of crime would show that the statement given by the petitioner alleging theft is a tale stated as a shield, to resist the penal consequences, since the victim found shelter at the Police Station and disclosed the ordeals and persecution the victim suffered which warranted registration of this crime. The minor also voluntarily disclosed that she took the key of the car and the mobile phone and she produced the same before the Police. In such a case, there is no reason to disbelieve that the prosecution case is not made out, at the threshold, to
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quash the proceedings.
Registry is directed to forward a copy of this order
to the trial court, within three days, for information and further steps.
Sd/-
A. BADHARUDEEN
JUDGE
SK
Crl.M.C. No. 5686 of 2018
8
APPENDIX OF CRL.MC 5686/2018
PETITIONER ANNEX |
URES : |
|
|---|---|---|
ANNEXURE-I |
TRUE COP |
Y OF THE FIRST INFORMATION |
STATEMENT |
DATED 01.05.2017 ALONG WITH |
|
THE FIRPOLICE STA |
NO.975/2017 OF KALAMASSERYTION. |
|
ANNEXURE-II |
CERTIFIEDNO.975/201STATION. |
OF THE FINAL REPORT IN CRIME7 OF KALAMASSERY POLICE |
ANNEXURE-III |
TRUE COPIE |
S OF THE STATEMENTS TAKEN FROM |
THE PETITOF POLICE |
IONER ON 30.04.2017 BY THE SIKALAMASSERY POLICE STATION. |
|
ANNEXURE-IV |
TRUE COPY |
OF THE ORDER DATED 31.05.2017 |
IN BA NCOURT. |
O.3506/2017 OF THIS HON'BLE |
RESPONDENTS’ ANNEXURES : NIL
1 issue framed by the court
Whether proceedings against the accused for wrongful confinement and cruelty to a minor house maid under Sections 342, 323, 324 IPC and Section 75 JJ Act should be quashed.
3 provisions across 3 enactments
Roshni Nair
State of Kerala
Sarala Hansan
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court