Vishnu (5th accused) vs State of Kerala and Jiji Joshy

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** ## **MONDAY, THE 20TH DAY OF OCTOBER 2014/28TH ASWINA, 1936** ## **Crl.MC.No. 5869 of 2014 ()** **--------------------------AGAINST THE ORDER/JUDGMENT IN CC 632/2014 of J.M.F.C.-III,THRISSUR CRIME NO. 2087/2013 OF OLLUR POLICE STATION , TRISSUR** ## **PETITIONER(S)/5TH ACCUSED:** **--------------------------------------------------** **VISHNU AGED 22 YEARS S/O.SATHYAN, VADAKKEPURAKKAL HOUSE, VALLACHIRA PO CHERPU VIA, THRISSUR** **BY ADV. SRI.K.I.SAGEER** ## **RESPONDENT(S)/STATE & COMPLAINANT:** **--------------------------------------------------------------------** ## **1. STATE OF KERALA** **REP.BY SUB INSPECTOR OF POLICE OLLUR POLICE STATIOIN OLLUR(CRIME NO.2087/2013)REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN 682 031.** ## **2. JIJI JOSHY, AGED 30 YEARS** **W/O.JOSHY, THANIKKAMATTATHIL HOUSE, KANNAMANGALAM VIYYANI NAGAR, MANNAMANGALAM, PIN 680 114** ## **R1 BY PUBLIC PROSECUTOR SRI.GITHESH** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-102014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** ## **Crl.MC.No. 5869 of 2014 ()** **---------------------------** ## **APPENDIX** ## **PETITIONER(S)' EXHIBITS** ## **-------------------------------------** **ANNEXURE A1 COPY OF THE FIR IN CRIME NO.2087/2013 OF OLLUR POLICE STATION DATED 4/10/2013** **ANNEXURE A2 COPY OF THE FINAL REPORT IN CRIME NO.2087/2013 OF OLLUR POLICE STATION DATED 31/12/2013** **ANNEXURE A3 COPY OF THE JUDGMENT DATED 4/9/2013 IN WP(CRL) NO.396/2013 OF THIS HON'BLE COURT ANNEXURE A4 COPY OF THE PETITION IN OP NO. 1414/2013 ON THE FILE OF THE HON'BLE FAMILY COURT,THRISSUR 13/9/2013** **ANNEXURE A5 COPY OF THE ORDER DATED 8/11/2013 IN BA NO. 7487/2013 OF THIS HON'BLE COURT** **RESPONDENT(S)' EXHIBITS** **---------------------------------------** **NIL.** ///True copy/// P.S. to Judge ## ALEXANDER THOMAS, J. ================== Crl.M.C.No. 5869 of 2014 ================== Dated this the 20[th] day of October, 2014 O R D E R The petitioner herein is the 5[th] accused in Annexure-A1 FIR in Crime No. 2087/2013 of Ollur Police Station, registered on 4.10.2013, in which, the petitioner and the four others are accused, for offences alleged under Secs. 143, 147, 148, 452, 341, 323, 324, 354, 506(1) read with Sec.149 of the IPC. The Police, after investigation, submitted the impugned Annexure-AII final report/charge sheet in the impugned Annexure-A1 Crime No. 2087/2013 of Ollur Police Station, on 3.12.2013. The jurisdictional Magistrate took cognizance of the case and the matter is now pending as Calendar Case, C.C.No. 632/2014 on the file of the Judicial First Class Magistrate's Court-III, Thrissur and is posted for appearance of the petitioner. It is the case of the petitioner that the allegations in the impugned Annexure-A-II final report/charge sheet are fabricated and false and are made only to harass the petitioner and force him to settle the issues in Annexure-A4, Original Petition, O.P.No.1414/2103 on the file of the Family Court, Crl.M.C.5869/14 - : 2 :- Thrissur. It is pointed out that the petitioner was married to one Meghna, the daughter of accused 2 and 4 in Annexure-A1 crime and that after the solemnization of their arranged marriage, Meghna went to her parental house and she was found missing from 9.9.2013 onwards. That the petitioner came to understand that she is in the custody of the 2[nd] respondent, herein, one Bineesh, her relative and hence the petitioner approached this Court by filing W.P.(Crl).No.435/2013 praying for writ of habeas corpus. At that time, it is stated that the petitioner came to understand from the 2[nd] accused herein that earlier the above said Bineesh had filed an habeas corpus petition seeking release of Meghna and this Court dismissed the said petition. When the aforementioned W.P.(Crl).No. 435/2013 came up before this Court, it was ordered by this Court to set Meghna at liberty as per order dated 3.10.2013 and accordingly, she joined the above said Bineesh. In the meantime, Meghna is said to have filed O.P.No.1414/2013 before the Family Court, Thrissur (Annexure-A4 herein) seeking nullity of the marriage. After the disposal of W.P.(Crl).No.435/2013 in favour of the 2[nd] respondent, in order to forcibly pressurise the petitioner and Crl.M.C.5869/14 - : 3 :- others for a settlement of Annexure-A4 Family Court proceedings in the Family in their favour and to harass them for arraying her as a respondent in the aforementioned habeas corpus petition, they concocted a false story and filed the instant complaint before the police, it is averred. The date and time of the alleged occurrence is the date of disposal of the habeas corpus petition by this Court, it is stated. The allegations of attack etc. in Annexure-A1 crime is a cooked up story so as to pressurize the petitioner to settle the family court disputes in Annexure-A4 in their favour and to break the wedlock and that there is absolutely no bonafides in the allegations in the impugned crime and the impugned final report/charge sheet and the same are made only to harass the petitioner. 2. It is in the conspectus of the above said facts and circumstances that the petitioner has filed the above captioned Criminal Miscellaneous Case seeking invocation of the inherent powers of this Court conferred as per Sec.482 of the Cr.P.C. with the prayer to quash the impugned Annexure-A2 final report/charge sheet in the impugned Annexure-A1 FIR in Crime No. 2087/2013 of Crl.M.C.5869/14 - : 4 :- Ollur Police Station, which has led to the pendency of C.C.No. 632/2014 on the file of the Judicial First Class Magistrate's CourtIII, Thrissur and all further proceedings arising therefrom, in the interest of justice. 3. Heard Sri.K.I.Sageer Ibrahim, learned counsel appearing for the petitioner and the learned Public Prosecutor appearing for the 1[st] respondent-State. 4. The Apex Court in the case Gian Singh v. State of Punjab and Anr. reported in (2013) 1 SCC (Cri.) 160 = (2012) 10 SCC 303, after surveying many conditions of the Apex Court on the point, has categorically held that the inherent power of the High Court under Sec.482 of the Cr.P.C. is wide plenitude with no statutory limitation and is to be exercised (i) to secure the ends of justice, or (ii) to prevent the abuse of the process of any court (iii) to do real, complete and substantial justice. In Inder Mohan Goswasmi v. State of Uttaranchal reported in (2007) 12 SCC 1, the Apex Court has held that every High Court has the inherent powers to act ex debito justitiae to do real and substantial justice, for the administration of which the court exists or to prevent abuse of Crl.M.C.5869/14 - : 5 :- process of the court and it is contended by the learned counsel for the petitioners that the principles laid down by the Apex Court in those decisions would squarely apply in the facts of the present case. 4. The learned Public Prosecutor has opposed the prayer for quashment of the impugned criminal proceedings. 5. The learned counsel for the petitioner then submitted that the petitioner may be given the liberty to approach the court below with the plea of discharge and the same may be directed to be considered. 6. After hearing the submissions of the learned counsel for the petitioner and the learned Public Prosecutor and on a consideration of the totality of the facts and circumstances of this case, it is ordered in the interest of justice, that it is open to the petitioner to file appropriate application seeking the plea of discharge in this case before the court below concerned and in case the stage for consideration of such a plea of discharge has not yet been crossed, then the court below shall consider the same on merits and in accordance with law, after affording reasonable Crl.M.C.5869/14 - : 6 :- opportunity to the petitioner and the prosecution and pass appropriate orders thereon without much delay. With these observations and directions, the Crl.M.C. stands finally disposed of. sdk+ Sd/ALEXANDER THOMAS, JUDGE ///True copy/// P.S. to Judge