Nandini.C v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID MONDAY, THE 12TH DAY OF OCTOBER 2015/20TH ASWINA, 1937 Crl.MC.No. 2133 of 2015 () --------------------------- CC 1434/2013 of JUDICIAL FIRST CLASS MAGISTRATE COURT, KAYAMKULAM =================== PETITIONER/ACCUSED:
---------------------------------- NANDINI.C, AGED 52 YEARS, W/O.DHARMAJAN DELEEP BHAVANAM, ILYAPPANKULAM MURI VALLIKKUNNAM VILLAGE HAVING OFFICE ADDRESS AT NILAMEL BUILDING, KATTANAM, PALLICKAL P.O. BHARANIKKAVU, MAVELIKKARA-690503.
BY ADV. SRI.ABDUL JALEEL.A RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.
2. RAJENDRANATH, AGED 47 YEARS S/O.PARAMESWARAN, EERIKKAL THARAYIL VALLIKKUNNAM MURIYIL, VALLIKKUNNAM VILLAGE BHARANIKKAVU, MAVELIKKARA-690503.
3. ASHARAF, AGED 45 YEARS S/O.IBRAHIMKUTTY, KUZHUVELIL VEETTIL ILYPPANKULAM MURI, KATTANAM VILLAGE, PALLICKAL P.O. BHARANIKKAVU, MAVELIKKARA-690503.
R2,R3 BY ADV. SRI.P.R.HARIKUMAR R1 BY PUBLIC PROSECUTOR SMT. SHEEBA M.T.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2133 of 2015 () APPENDIX PETITIONER'S EXHIBITS ----------------------------------- ANNEXURE 1: TRUE COPY OF THE CHARGE SHEET OF THE KAYAMKULAM POLICE STATION IN CC 1429/13 FILED BEFORE THE LEARNED JFCM, KAYAMKULAM.
ANNEXURE 2: TRUE COPY OF THE CHARGE SHEET OF THE KAYAMKULAM POLICE STATION IN CC 1434/2013 FILED BEFORE THE LEARNED JFCM, KAYAMKULAM.
ANNEXURE 3: TRUE COPY OF THE COMPLAINT GIVEN BY THE PETITIONER TO SI OF POLICE, VALLIKKUNNU DT.28-8-2013.
ANNEXURE 4: TRUE COPY OF THE MAHAZAR PREPARED BY THE POLICE. RESPONDENTS' EXHIBITS -------------------------------------- NIL TRUE COPY P.A. TO JUDGE SD
P. UBAID, J.
--------------------------------------- Crl.M.C.No.2133 of 2015 --------------------------------------- Dated this the 12th day of October, 2015
O R D E R
The petitioner herein is the sole accused in C.C.No.1434/2013 of the Judicial First Class Magistrate Court, Kayamkulam. The said case involves the offences under Sections 294B, 323 and 324 IPC. The person who sustained injuries in the alleged incident is one Rajendranath. The petitioner seeks orders quashing the said prosecution on the ground that the said case is in fact a counterblast to another prosecution initiated by her against the injured Rajendranath and others. The said case is now pending as C.C.No.1429/2013 in the same court.
2. On hearing both sides, I find that the prosecution cannot be quashed under Section 482 Cr.P.C., on the ground that another case is pending against the 2nd respondent and others on a complaint made by the petitioner herein. It is not known whether the two are exactly case and counter. Any way, it is a matter to be decided by the trial court on the basis of materials, whether one is counterblast to the other. That aspect cannot be considered and decided by the High Court under Section 482 Cr.P.C. In both the cases, the prosecution has some materials to
Crl.M.C.. No.2133/2015 substantiate the allegations. The petitioner has produced copy of the wound certificate relating to her, but she has conveniently omitted to produce copy of the wound certificate relating to the 2nd respondent herein. There is no explanation for this. When some materials are there to substantiate the allegations, it would be inappropriate to quash one prosecution under Section 482 Cr.P.C. Whether one prosecution is a counterblast to the other, or whether the two cases will have to be simultaneously tried, are all the maters to be looked into by the trial court. This is not a case where the prosecution does not have any basis. A case of assault is revealed by the complaint and other materials. I find that this petition is liable to be dismissed in limine, however without prejudice to the right of the petitioner to make application for discharge.
In the result, this Crl.M.C. is dismissed in limine, without being admitted to files, without prejudice to the right of the petitioner to make application for discharge. Sd/- P. UBAID, JUDGE sd