Rohit Suresh v. State of Kerala and The Sub Inspector of Police, Eloor Police Station

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 6[TH] DAY OF OCTOBER 2023 / 14TH ASWINA, 1945** **CRL.MC NO. 7082 OF 2023** **AGAINST THE ORDER/JUDGMENT CC 818/2020 OF JMFC, KALAMASSERY (TEMPORARY)** ## **PETITIONER/ACCUSED:** ROHIT SURESH AGED 26 YEARS S/O. SURESH KUMAR, ANASWARA HOUSE, ERANJIPALAM KARA, KACHERI VILLAGE, KOZHIKODE DISTRICT, PIN - 673005 BY ADVS. DEEPU THANKAN UMMUL FIDA LAKSHMI SREEDHAR LEKSHMI P. NAIR NAMITHA K.M. ## **RESPONDENTS/STATE & COMPLAINANT:** 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031 2 THE SUB INSPECTOR OF POLICE ELOOR POLICE STATION, ERNAKULAM DISTRICT - 683501 BY ADV.SRI.RENJITH T.R., PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.No.7082 of 2023 2 **P.V.KUNHIKRISHNAN, J. ------------------------------** **Crl.M.C.No.7082 of 2023 ---------------------------------------------Dated this the 06[th] day of October, 2023** ## **ORDER** This Criminal Miscellaneous Case is filed under Section 482 of the Code of Criminal Procedure, 1973. 2. Petitioner is the accused in C.C.No.818/2020 on the file of the Judicial First Class Magistrate Court, Kalamassery arising from Crime No.144/2020 of Eloor Police Station. The above case is charge sheeted against the petitioner alleging offences punishable under Sections 279 and 338 IPC. 3. The prosecution case is that on 16.04.2020 Crl.M.C.No.7082 of 2023 3 at 8.45 am, while driving vehicle bearing registration No.KL 11 BL 6776 through Kalamassery-Cheranallur container road, the vehicle of the petitioner hit on the defacto complainant and it happened due to the rash and negligent driving of the petitioner. Annexure A1 is the FIR and Annexure A2 is the final report. The defacto complainant has already filed O.P.(M.V) No. 394/2020 before the Motor Accidents Claims Tribunal, North Paravur claiming compensation. Subsequently, the petitioner received summons for appearance before the lower court. The petitioner subsequently received a notice with respect to Mega Adalat held on 12.11.2022. The case against the petitioner was also posted in the Mega Adalat. But the case was not taken up because a non bailable warrant was issued against the petitioner by the Crl.M.C.No.7082 of 2023 4 Judicial First Class Magistrate Court, Kalamassery on 03.11.2022 because of his absence before the court below. Subsequently, the petitioner advanced the case on 04.01.2023 and the petitioner surrendered before the court below and obtained bail. It is the case of the petitioner that he intended to plead guilty for the offense and that was not accepted due to the previous proceedings and plea was recorded as not guilty. Annexure A4 is the daily proceedings of the learned Magistrate dated 04.01.2023. 4. It is submitted that the petitioner is a doctor by profession and is working with NHS, UK at London. The petitioner joined at the Orchad, St. Bernard’s Hospital on 5[th] April 2023 and Annexure A5 is the contract entered into by the petitioner with the employer. Annexure A6 is the resident Crl.M.C.No.7082 of 2023 5 permit of the petitioner. 5. The petitioner intends to plead guilty to the alleged offence. It is the case of the petitioner that he never wanted to contest the case on merit and pleading not guilty recorded in Annexure A4 was because of some confusion in the mind of the petitioner. Now the petitioner is working at abroad and unable to appear in person is the submission. It is submitted that the petitioner may be allowed to plead guilty through a counsel. Hence this Crl.M.C is filed with the following prayers: _I. Direct the Judicial First Class Magistrate Court-I, Kalamassery to allow the petitioner to record his plea again through his counsel._ _II. Dispense with the filing of the translation of vernacular documents produced by the petitioner in this case; And_ _III. Such other relief in favour of the petitioner as this Hon’ble Court may deem fit to grant._ Crl.M.C.No.7082 of 2023 6 6. Admittedly, the petitioner already pleaded not guilty as evident by Annexure A4. In such circumstances, unless the same is set aside, the petitioner cannot plead guilty. The case of the petitioner is that he never intended to plead guilty. This Court in **Shyni Moolayil and Another v. State of Kerala** [2015 (3) KHC 179] observed that when guilt is admitted by the accused, an admission is found to be voluntary, there is no reason why the Court should not allow the accused to withdraw his claim and plead guilty. In **Suo Motu v. State of Kerala** [2023 (2) KHC 178] this Court observed that it is only appropriate to allow an accused to plead guilty on a subsequent occasion even if he earlier had denied the charge. In **Santhosh v. State of Kerala** [2003 KHC 135], this Court Crl.M.C.No.7082 of 2023 7 ## observed like this: _“4. No doubt, there is no specific provision in the Cr.P.C enabling the court to permit an accused to withdraw his claim to be tried and convict him on a plea of guilty subsequently. But as contended by the learned counsel for the petitioner, there is also no prohibition in the Cr.P.C. to record the plea of guilty in the course of trial and convict the accused on his subsequent admission of guilt. The object of trial is to investigate the offence and to find out the truth. When the guilt is admitted by the accused and the admission is found to be voluntary, there is no reason why the court should not allow him to withdraw his claim to be tried and plead guilty. In this connection it is relevant to note the decision of the Patna High Court in Shyama Charan Bharthuar and Ors. v. Emperor (AIR 1934 Pat. 330). It was held in that case that there is no implication that when an accused in the course of the trial withdraws his claim to be tried and plead guilty, the court is not entitled to record the plea either accept it or continue the trial. An identical question came up for consideration before the Allahabad High Court in Ram Kishun v. State of U.P. (1996 CriLJ 440). The Allahabad High Court_ Crl.M.C.No.7082 of 2023 8 _held that a plea of guilt can be taken at any stage of trial after framing charge. The court observed that the necessity of evidence would arise only if and when the charge is not accepted. There is no reason to restrict the applicability of S.229 of the Cr.PC. to a particular date or occasion but the purport of section is obvious that plea of guilt can be advanced by an accused at any stage of the trial after framing charge. If an accused is allowed to withdraw his claim to be tried and plead guilty, an earlier termination of the trial can be secured and wastage of the precious time of the court can be avoided.”_ In the light of the above dictum, I think Annexure A4 proceedings can be quashed and the petitioner can be allowed to file an application before the Court below to plead guilty through a counsel because the petitioner is not in station. Therefore, this Crl.M.C is disposed of in the following manner: ## 1. Annexure A4 proceedings dated Crl.M.C.No.7082 of 2023 9 04.01.2023 in CC No.818 of 2020 on the file of the Judicial First Class Magistrate Court, Kalamassery is quashed. 2. The petitioner is free to file a petition before the Court below for pleading guilty through a counsel and if such an application is filed, the learned Magistrate will consider the same and pass appropriate orders in it, in accordance with law. Sd/- DM/das **P.V.KUNHIKRISHNAN JUDGE** Crl.M.C.No.7082 of 2023 10 ## **APPENDIX OF CRL.MC 7082/2023** PETITIONER ANNEXURES ANNEXURE 1 TRUE COPY OF THE FIR IN CRIME NO. 144/2020 OF ELOOR POLICE STATION, ERNAKULAM DISTRICT DATED 16/04/2020 ANNEXURE A-2 TRUE COPY OF THE FINAL REPORT DATED 30/6/2020 ANNEXURE A-3 TRUE COPY OF THE DAILY PROCEEDINGS DATED 03/11/2022 OBTAINED THROUGH OFFICIAL WEBSITE ANNEXURE A-4 TRUE COPY OF THE DAILY PROCEEDINGS DATED 04/01/2023 OBTAINED THROUGH OFFICIAL WEBSITE ANNEXURE A-5 TRUE COPY OF THE CONTRACT ENTERED BY THE PETITIONER WITH THE EMPLOYER DATED NIL ANNEXURE A-6 TRUE COPY OF THE RESIDENT PERMIT OF THE PETITIONER DATED NIL RESPONDENTS EXHIBITS :NIL //TRUE COPY// PA TO JUDGE