IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3524 of 2009()
1. T.V.SUKUMAR
... Petitioner
Vs
1. P.K.VASUDEVAN, S/O.GOVINDAN NAMBIAR
... Respondent
2. T.P.SUJITH SADANANDAN, S/O.SADANANDAN
3. STATE OF KERALA REPRESENTED BY
For Petitioner :SMT.K.K.CHANDRALEKHA
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :03/11/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.3524 OF 2009
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Dated 3rd November 2009
O R D E R
Petitioner is the accused in C.C.467/2008 on
the file of Judicial First Class Magistrate-I, Kannur
taken cognizance for the offence under Sections 323,
324, 427 of Indian Penal Code. Prosecution case is
that petitioner who is a guard attached to KSRTC,
Kannur depot manhandled second respondent in front of
the Station Master’s office and inflicted injury with
a dangerous weapon and also caused damages to the
counter of the office of the Station Master by
breaking glass sheet and committed offences under
Sections 323, 324 and 427 of Indian Penal Code. First
respondent in his capacity as Controlling Inspector
of KSRTC lodged the FIR. Petitioner along with
respondents 1 and 2 filed Annexure-1 petition to
compound the offence and sought permission of the
court. By Annexure-2 order, learned Magistrate posted
Annexure-I petition stating that witness who is having
interest over the property to compound the offence
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under Section 427 is to be produced. This petition is
filed under Section 482 of Code of Criminal Procedure
directing the learned Magistrate to record the
composition.
2. Learned counsel appearing for the
petitioner and learned Public Prosecutor were heard.
3. Offence under Section 427 of Indian
Penal Code is compoundable, even without permission
of the court by the person to whom the loss or damage
is caused as provided under Sub Section 1 of Section
320 of Code of Criminal Procedure. So also offence
under Section 323 of Indian Penal Code is compoundable
without permission of the court, by the person to whom
hurt is caused. As the amendment to Sub Section 2 of
Section 320 of Code of Criminal Procedure deleting
offence under Section 324 of Indian Penal Code is not
notified, offence under Section 324 could also be
permitted to be compounded, if sought for by the
person whom hurt is caused.
4. Offence under Sections 323 and 324 could
thus be permitted to be compounded as sought for in
Annexure-A1 petition. But offence under Section 427
could be compounded only by the person to whom loss or
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damage is caused which could only by the KSRTC.
Therefore, unless a composition is sought for by the
Managing Director of KSRTC or on his directions by the
appropriate officer, offence under Section 427 of
Indian Penal Code cannot be allowed to be compounded.
Learned Magistrate can therefore grant permission to
compound the offences under Sections 323 and 324 and
proceed with the case under Section 427 of Indian
Penal Code, if it is not compounded.
Petition is disposed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.