P.R. Anilkumar v. State of Kerala

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: V.K. Mohanan
Judgment Date: 2013-06-12
Court Decision / Holding: The Sessions Court, Kottayam, is directed to take up Annexure A4 petition filed by the petitioner and pass appropriate orders on merit after considering Rama Narang and Balakrishna Dattatrya Kumbhar or any other on-point decisions.
Final Disposition: Disposed of with directions to the Sessions Court to consider Annexure A4 and pass orders on merit after due consideration of leading authorities.

Parties to the Case

Appellants / Petitioners

P.R. Anilkumar

Respondents

State of Kerala represented by Public Prosecutor, High Court of Kerala, Ernakulam, Cochin-682031

Legal Representation & Advocates

Counsels for Petitioners

• Sri Elvin Peter P.J.
• Sri T.G. Sunil (Pranavam)
• Sri K.R. Ganesh

Counsels for Respondents

• Public Prosecutor SMT. S. Hyma

Case Synopsis & Summary

The petitioner, P. R. Anilkumar, is the first accused in C.C. No. 703 of 2007 on the file of the Judicial Magistrate of First Class-I, Changanacherry, and the appellant in Crl.A. No. 203 of 2012 before the Sessions Court, Kottayam Division. He challenges the non‑adjudication of Annexure A4 (CRL.M.P. No. 1741/2013) seeking suspension/stay of the conviction under Section 389(1) Cr.P.C. The trial court had convicted him under Section 304A read with Section 34 IPC and sentenced six months’ simple imprisonment with a fine of Rs. 10,000, plus one month default imprisonment; the appellate court had suspended the sentence, but Annexure A4 remained pending. The petitioner contends that, in appropriate cases, Section 389(1) Cr.P.C. empowers the appellate court to consider and pass orders on such an application, and hence the Sessions Court should decide Annexure A4 on merit. He relies on Supreme Court precedents Rama Narang v. Ramesh Narang and Ors (JT 1995(1) SC 515) and State of Maharashtra through CBI, Anti Corruption Branch, Mumbai v. Balakrishna Dattatrya Kumbhar (JT 2012(10) SC 446) to bolster his argument that higher courts guide lower ones on this point. The Kerala High Court directs the Sessions Court, Kottayam, to take up Annexure A4 and pass appropriate orders on merit after considering these authorities or other on-point decisions, thereby disposing of the petition with directions.

Provisions of Law Cited

Section 389(1) Cr.P.C.Section 304A read with Section 34 IPC

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that Annexure A4 (CRL.M.P. No.1741/2013) in Crl.A.No.203 of 2012 was not adjudicated by the Sessions Court. Under Section 389(1) Cr.P.C., the appellate court can suspend the order of conviction and stay its operation in appropriate cases, and the delay in deciding A4 prejudices him. He relies on Rama Narang v. Ramesh Narang and Ors (JT 1995(1) SC 515) and Balakrishna Dattatrya Kumbhar (JT 2012(10) SC 446) to urge that the Sessions Court should consider A4 and pass orders on merits.

Contentions of Respondents

The State, through Public Prosecutor, submits that the Sessions Court alone has authority to consider the A4 petition; the High Court should not substitute its own view but direct the Sessions Court to decide on merits in light of the cited decisions.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
Rama Narang v. Ramesh Narang and Ors	JT 1995(1) SC 515	Positive	Cited as controlling authority to permit suspension of conviction under Section 389(1) Cr.P.C. and for guidance in deciding Annexure A4.
State of Maharashtra through CBI, Anti Corruption Branch, Mumbai v. Balakrishna Dattatrya Kumbhar	JT 2012(10) SC 446	Positive	Cited to supplement Rama Narang and guide the lower court on relevant principles for considering the petition.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** ## **THE HONOURABLE MR.JUSTICE V.K.MOHANAN** **WEDNESDAY, THE 12TH DAY OF JUNE 2013/22ND JYAISHTA 1935** ## **Crl.MC.No. 2368 of 2013** **---------------------------------[CC 703/2007 OF JUDICIAL MAGISTRATE OF I CLASS - I, CHANGANACHERRY]** **.................** **PETITIONER/ACCUSED NO.1: ------------------------------------------** **P.R.ANILKUMAR, S/O.P.J.RAJAN, PARAYIL VEEDU, PANACHIKKADU KARA, PANACHIKKADU VILLAGE.** **BY ADVS.SRI.ELVIN PETER P.J, SRI.T.G.SUNIL (PRANAVAM), SRI.K.R.GANESH.** **RESPONDENT:** **---------------------** **STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031.** **BY PUBLIC PROSECUTOR SMT. S. HYMA.** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12-06-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Prv.** ## **CRL.M.C. NO.2368/2013:** ## **APPENDIX** ## **PETITIONER'S ANNEXURES:** **ANNX.1 - TRUE COPY OF THE JUDGMENT DATED 26-6-2012 IN C.C.NO.703/2007 OF THE JUDICIAL MAGISTRATE OF FIRST CLASS-I, CHANGANASSERY. ANNX.2 - TRUE COPY OF THE ORDER DATED 16-7-12 IN CRL.M.P.NO.2256/12 IN CRL.APPEAL NO.203/2012 OF THE COURT OF SESSIONS, KOTTAYAM DIVISION. ANNX.3 - TRUE COPY OF THE ORDER NO.EBVS.4/22/2009 DATED 22-5-2013 ISSUED BY K.S.E.B. ANNX.4 - TRUE COPY OF THE CRL.MP.NO.1741/2013 IN CRL.APPEAL NO.203/12 FILED BY THE PETITIONER BEFORE THE COURT OF SESSIONS, KOTTAYAM DIVISION DATED 28-5-2013. ANNX.5 - TRUE COPY OF THE CRL.M.P.NO.1740/2013 IN CRL.APPEAL NO.203/12 FILED BY THE PETITIONER BEFORE THE COURT OF SESSIONS, KOTTAYAM DIVISION DATED 28-5-13.** ## **RESPONDENT'S ANNEXURES: NIL.** ## **//TRUE COPY//** ## **P.S. TO JUDGE.** **Prv.** ## **V.K.MOHANAN, J.** ## **---------------------------------------Crl.M.C.No. 2368 of 2013 ---------------------------------------Dated this the 12[th] day of June, 2013** ## **O R D E R** The petitioner is the first accused in C.C.No.703 of 2007 of the court of the Judicial Magistrate of First Class-I, Changanacherry and the appellant in Crl.A.No.203 of 2012 of the Sessions Court, Kottayam Division. The grievance of the petitioner is that though he had preferred the said appeal against the judgment dated 26.6.2012 in C.C.No.703 of 2007 and the learned Sessions Judge has suspended the sentence imposed against him, Annexure A4 petition filed by him under Section 389(1) to suspend the order of conviction, is not considered and no order is passed. Therefore, he preferred this petition praying for a direction directing the court of Sessions to consider and pass orders on Annexure A4 i.e., Crl.M.P.No.1741/2013 in Crl.A.No.203 of 2002 in the light of the law v. laid down by the Supreme Court reported in **Rama Narang** CRL.M.C.NO.2368 OF 2013 :-2-: ## . **Ramesh Narang and Ors** [JT 1995(1) SC 515]. 2. Heard the counsel for the petitioner and learned Public Prosecutor. 3. The offence alleged against the petitioner and other accused is under Section 304A read with Section 34 of I.P.C. Since, according to the allegation, there was negligence on the part of the accused including the petitioner, as a result of which one Monayi got electrocuted and died. The trial court found that the accused are guilty and accordingly, sentenced them to undergo simple imprisonment for a period of only six months and to pay a fine of `10,000/- each and one month simple imprisonment is fixed as default sentence. Now, the case of the petitioner as stated earlier that A4 petition to suspend or stay the conviction is pending before the court below and no order is passed. 4. In view of Section 389(1) of the Cr.P.C., in appropriate cases, the appellate court can consider the request of the appellant to CRL.M.C.NO.2368 OF 2013 :-3-: suspend the order of conviction or the stay of such order of conviction. Therefore, it is for the lower appellate court to take up Annexure A4 petition and pass appropriate orders. While considering such application, the appellate court is bound to consider not only the decision reported in **Rama Narang** v. **Ramesh Narang and Ors** .[JT 1995(1) SC 515] but also the decision in **State of Maharashtra through CBI, Anti Corruption Branch, Mumbai** v. **Balakrishna Dattatrya Kumbhar** [JT 2012(10) SC 446]. In the result, this Crl.M.C. is disposed of directing the Sessions Court, Kottayam to take up Annexure A4 petition filed by the petitioner, who is the appellant in Crl.A.No.203 of 2012 pending before that court and pass appropriate orders on merit after considering the decisions cited above or any other decisions on the point. **V.K.MOHANAN** , Judge MBS/ CRL.M.C.NO.2368 OF 2013 :-4-: V.K.MOHANAN, J. CRL.L.P.No. OF 20 CRL.M.C.NO.2368 OF 2013 :-5-: O R D E R Dated:2. ..2011 CRL.M.C.NO.2368 OF 2013 :-6-: