High Court of KeralaSingle Judge2023-11-14Disposed of

Anoop S. Dev v. State of Kerala and The Sub Inspector of Police Kadakkal Police Station, Kollam District

Case / Petition Number:CRL.MC NO.7021 OF 2018

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Gopinath P.
Judgment Date: 2023-11-14
Court Decision / Holding: Crl.M.C disposed of. Gram Nyayalaya, Chadayamangalam is directed to take into consideration the final report submitted on 26-05-2017 in Crime No. 422/2005 and to decide thereon within one month from receipt of a certified copy of this order, with due regard to Kalakumar K. v. State of Kerala (surpa). The petitioner’s liberty to approach this court again after the Gram Nyayalaya’s decision is preserved.
Final Disposition: Disposed of

Parties to the Case

Appellants / Petitioners

Anoop S. Dev

Respondents

State of Kerala represented by the Public Prosecutor, High Court of Kerala, Ernakulam
The Sub Inspector of Police Kadakkal Police Station, Kollam District

Legal Representation & Advocates

Counsels for Petitioners

• K. V. Anil Kumar
• Smt. Swapna Vijayan

Counsels for Respondents

• Suman Chakravarthy, Senior Govt. Pleader

Case Synopsis & Summary

Anoop S. Dev, the first accused in Crime No. 422/2005 of Kadakkal Police Station, moves a Criminal Miscellaneous Case (Crl.M.C. No. 7021/2018) seeking quashment or a directive concerning the final investigation report. The FIR, under Section 174 Cr.P.C., arose from the unexplained death of Lathika Kumari attributed to electric shock while handling a cable TV connection; a second woman, Subaida Beevi, reportedly died from a similar incident. Investigations linked the deaths to a defective amplifier supplied through Ushus Home Appliances, owned by the 2nd accused, leading to the alteration of offences to Section 304A read with Section 34 IPC. The final report was filed on 02-06-2006, but the original FIR and connected records could not be traced, and the JFCM-II, Kottarakkara, returned the report due to missing documents after a lengthy delay. After procedural shifts across courts and the Gram Nyayalaya system, a final report with certified copies was submitted on 26-05-2017 before Gram Nyayalaya, Chadayamangalam. The petitioner contends that without the original FIR and records, the prosecution cannot proceed; cites Kalakumar K. v. State of Kerala (2023 (1) KLT 231) to urge quashment for delay. The Public Prosecutor urges a decision by the Gram Nyayalaya. The judge directs the Gram Nyayalaya to decide on the final report in light of Kalakumar within one month, while preserving the petitioner’s liberty to approach this court again after a decision.

Provisions of Law Cited

Section 304A read with Section 34 IPCSection 174 Cr.P.C.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner submits that the absence of the original F.I.R. and connected records obstructs the prosecution and prevents a fair trial, making continued proceedings untenable. Citing Kalakumar K. v. State of Kerala & Others (2023 (1) KLT 231), he argues that long delays in filing the final report and missing crucial documents warrant quashing the proceedings. He urges the Gram Nyayalaya, Chadayamangalam to quash or, at minimum, await a proper decision on the final report before taking any further step, failing which the entire investigation would be crippled and the accused deprived of a fair trial. The delay and loss of essential records are central to his plea for dismissal or cautious handling of the final report.

Contentions of Respondents

The respondents contend that Gram Nyayalaya, Chadayamangalam is best placed to adjudicate the final report. They emphasize that the final report was filed with certified copies on 26-05-2017, and it is for the Gram Nyayalaya to determine its fate. They highlight that this Court should direct the trial court to decide on the final report without quashing proceedings prematurely, given the death of two persons in a negligence-related incident and the need for accountability. They urge adherence to procedural protocols and preservation of the court’s path for a just resolution, rather than a premature quashment.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Kalakumar K. v. State of Kerala and others	2023 (1) KLT 231	Mentioned Only	Cited as a guiding precedent regarding delay and missing records affecting final reports, and incorporated as a consideration for the Gram Nyayalaya’s decision rather than as a direct ruling.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE GOPINATH P.** **TUESDAY, THE 14[TH] DAY OF NOVEMBER 2023 / 23RD KARTHIKA, 1945** **CRL.MC NO. 7021 OF 2018** ## **CRIME NO.422/2005 OF Kadakkal Police Station, Kollam** ## **PETITIONER/S:** ANOOP S.DEV AGED 41 YEARS S/O SAHADEVAN, ARCHANA, KADAKKAL P O, KADAKKAL, KOLLAM DISTRICT BY ADVS. K.V.ANIL KUMAR SMT.SWAPNA VIJAYAN ## **RESPONDENT/S:** 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031 2 THE SUB INSPECTOR OF POLICE KADAKKAL POLICE STATION, KOLLAM DISTRICT-691 536 BY ADV SRI.SUMAN CHAKRAVARTHY, SENIOR GOVT.PLEADER ## **OTHER PRESENT:** SRI VIPIN NARAYAN (SR PP) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl. M.C. No.7021/2018 -2- ## **O R D E R** The petitioner is the 1[st] accused in Crime No.422/2005 of Kadakkal Police Station, Kollam District which has been registered alleging commission of offences punishable under Sections 304 (A) read with Section 34 of the Indian Penal Code. 2. The facts of the case show that in connection with unnatural death of one Lathika Kumari, the Sub Inspector of Police, Kadakkal Police Station registered Annexure-A F.I.R under Section 174 of Cr. P.C. The information which led to registration of Annexure-A FIR had been given by the brother-inlaw of the deceased. The aforesaid Lathika Kumari was found unconscious at her home due to electric shock while she was handling a cable T.V. connection. The deceased was taken to the Kadakkal Government Hospital and the Doctor declared that she had been brought dead. 3. The petitioner is allegedly running a cable T.V network. During the course of investigation it has been found that another woman named one Subaida was also electrocuted while operating a television and thus an application was given to the District Electrical Inspector, Kollam to inspect the scene of occurrence. The District Electrical Inspector, Kollam on 22-112005 gave a report stating that the death of Lathika Kumari occurred due to electric shock due to passage of electricity through the wire of the cable T.V network operated by the Dev Cable Vision. It was found that the electricity got Crl. M.C. No.7021/2018 -3- transmitted to the cable from a defective amplifier used at Ushus Home Appliances of which the 2[nd] accused was the proprietor. The report of the District Electrical Inspector, Kollam is on record as Annexure-R2 (F) along with the statement dated 14-11-2019 filed in this court by the Sub Inspector of Police, Kadakkal Police Station. Accordingly the offences alleged in Crime No.422/2005 was altered to Section 304 (A) read with Section 34 of the IPC and a report dated 22-11-2005 was sent to the Sub Divisional Magistrate Court, Kollam by the Sub Inspector of Police, Kadakkal Police Station regarding alteration of Section and requesting to transmit F.I.R, Inquest report, Mahazer and connected records to the Judicial First Class Magistrate Court-II, Kottarakkara. The said report is recorded as Annexure-R2 (G). 4. Thereafter another report was filed before the Judicial First Class Magistrate Court-II, Kottarakkara identifying the 1[st] accused in the crime [the petitioner in the present Crl. M.C] and the 2[nd] accused as Anil Kumar, owner of Ushus Home Appliances. A stereo amplifier seized from Ushus Home Appliances along with wound certificate of the Subaida Beevi, the report of the Electrical Inspector, Kollam and electrical connection diagram / sketch of the Electrical Inspector were also submitted before the Judicial First Class Magistrate Court-II, Kottarakkara and that was also accepted by the court. In the meanwhile the accused surrendered before the investigating officer and they were released on bail. After investigation, final report was filed before Crl. M.C. No.7021/2018 -4- the Judicial First Class Magistrate Court-II, Kottarakkara on 02-06-2006. However that was returned by the Judicial First Class Magistrate Court-II, Kottarakkara with the endorsement that the original F.I.R and connected reports were not received from the Sub Divisional Magistrate Court, Kollam. (The learned Public Prosecutor points out that the final report was so returned after a delay of about 42 months). Thereafter the Sub Inspector of Police, Kadakkal Police Station sent continuous requests to the Sub Divisional Magistrate Court, Kollam to transmit the F.I.R and related documents to the Judicial First Class Magistrate Court-II, Kottarakkara. However, on account of various reasons including formation of Sub Divisional Magistrate Court, Punalur to which the territorial jurisdiction of Kadakkal Police Station was assigned, the original of the F.I.R which was submitted before the Sub Divisional Magistrate Court, Kollam could not be traced out. On the formation of Gram Nyayalaya, Chadayamangalam a final report was submitted before the said court on 26-05-2017 with attested copy of F.I.R and connected records. 6. The learned counsel for the petitioner would submit that in the absence of the original F.I.R and connected records the prosecution cannot be permitted to go on. He placed considerable reliance on the judgment of this court in _**Kalakumar K. v. State of Kerala and others;** 2023 (1) KLT 231_ where this court while dealing with the offences under Section 498 A and Crl. M.C. No.7021/2018 -5- 306 of IPC took the view that the proceedings are liable to be quashed on account of long delay in submitting the final report. The learned counsel also submitted that, that was also a case where the trial has became virtually impossible on account of non-availability of certain records including the original of the F.I.R. 7. The learned Public Prosecutor submits that since this is a case involving death of two persons on account of negligence, it would be appropriate that the Gram Nyayalaya, Chadayamangalam takes a decision on the final report submitted before that court on 26-05-2017. It is submitted that on account of the fact that this Crl. M.C has been pending before this court from 23-10-2018, the Gram Nyayalaya, Chadayamangalam has not taken a decision as to whether the final report can be accepted or not. It is also submitted that since the certified copy of F.I.R and connected records have been submitted it is for that court to take a decision as to whether the final report must be accepted or not. 8. Having heard the learned counsel appearing for the petitioner, the learned Public Prosecutor and considering the fact that the circumstances of the cases are as mentioned above and taking into account the fact that the final report has been filed before the Gram Nyayalaya, Chadayamangalam on 26-05-2017 along with certified copies of the F.I.R and other connected records, I am of the view that the Gram Nyayalaya, Chadayamangalam must Crl. M.C. No.7021/2018 -6- be directed to take a decision on the final report having due regard to the decision of this court in _**Kalakumar**_ (surpa). 9. Therefore this Crl. M.C is disposed of directing the Gram Nyayalaya, Chadayamangalam to take into consideration of the final report submitted before that court on 26-05-2017 in respect of Crime No.422/2005 of Kadakkal Police Station also considering the decision of this court in _**Kalakumar**_ (surpa) and to take a decision thereon within a period of one month from the date of receipt of a certified copy of this order. Since I have not considered the contention taken by the learned counsel for the petitioner that the proceedings are liable to be quashed on account of long delay and non-availability of original records, I am of the view that the liberty of the petitioner to approach this court again, after a decision as directed above is taken by the Gram Nyayalaya, Chadayamangalam should be preserved. It is so preserved. Crl. M.C is ordered accordingly. Sd/- **GOPINATH P. JUDGE** AMG Crl. M.C. No.7021/2018 -7- ## **APPENDIX OF CRL.MC 7021/2018** PETITIONER ANNEXURES - ANNEXURE-A A TRUE COPY OF THE FIR IN CRIME NO.422/2005 OF KADAKKAL POLICE STATION - ANNEXURE-B A TRUE COPY OF THE REPORT DATED 22.11.2005 OF THE 2ND RESPONDENT BEFORE THE JFCM-II, KOTTARAKKARA - ANNEXURE-C A TRUE COPY OF THE APPLICATION UNDER RIGHT OT INFORMATION ACT AND ITS REPLY DATED 29/10/2016 - ANNEXURE-D A TRUE COPY OF THE APPLICATION DATED 09.01.2017 UNDER RIGHT TO INFORMATION ACT AND ITS REPLY DATED 07.02.2017 FROM THE 2ND RESPONDENT - ANNEXURE-E A TRUE COPY OF THE REPLY DATED 08.02.2017 FROM THE SUB DIVISIONAL MAGISTRATE;KOLLAM - ANNEXURE-F A TRUE COPY OF THE APPLICATION AND ITS REPLY DATED 12.04.2017 GIVEN FROM THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOTTARAKARA - ANNEXURE-G A TRUE COPY OF THE APPLICATION AND ITS REPLY DATED 16.07.2018 ISSUED BY THE 2ND RESPONDENT RESPONDENT ANNEXURES - ANNEXURE R2(A) TRUE COPY OF THE FIR IN CRIME NO.422/2005 OF THE KADAKKAL P0LICE STATION. - ANNEXURE R2(B) TRUE COPY OF THE INQUEST REPORT DATED 02.09.2005. - ANNEXURE R2(C) TRUE COPY OF THE POSTMORTEM REPORT DATED 02.09.2005. - ANNEXURE R2(D) TRUE COPY OF THE SCENE MAHAZAR PREPARED ON 02.09.2005. - ANNEXURE R2(E) TRUE COPY OF THE ACCIDENT REGISTER CUM-WOUNDED CERTIFICATE DATED 02.09.2005. ANNEXURE R2(F) THE TRUE COPY REPORT OF THE DISTRICT ELECTRICAL INSPECTOR KOLLAM. Crl. M.C. No.7021/2018 -8- ANNEXURE R2(G) THE TRUE COPY OF THE REPORT DATED 22.11.2005 SUBMITTED BEFORE KOLLAM SUB DIVISIONAL MAGISTRATE COURT. ANNEXURE R2(H) THE TRUE COPY OF THE FINAL REPORT WITH ENDORSEMENT IN CRIME NO. 422/2005 OF KADAKKAL POLICE STATION. ANNEXURE R2(I) THE TRUE COPY OF THE REPORT DATED 10.07.2007 TO THE SUB DIVISIONAL MAGISTRATE KOLLAM. ANNEXURE R2(J) TRUE COPY OF THE REPORT DATED 9.11.2007 TO THE SUB DIVISIONAL MAGISTRATE, KOLLAM. ANNEXURE R2(K) TRUE COPY OF THE REPORT DATED 2.07.2019 BEFORE PUNALUR SUB DIVISIONAL MAGISTRATE COURT.