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Rajesh vs State Of Kerala on 6 February, 2008

Kerala High Court
Rajesh vs State Of Kerala on 6 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 3696 of 2007()


1. RAJESH, S/O.SANTHA,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.M.T.SURESHKUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :06/02/2008

 O R D E R
                              V. RAMKUMAR, J.

                            -------------------------------

                         Crl.M.C. No. 3696 OF 2007

                          -----------------------------------

                 Dated this the 6th day of February, 2008


                                    O R D E R

In this petition filed under Section 482 Cr.PC, the petitioner

seeks to quash the final report in Crime No.53 of 2005 of

Erumapetty police station and the proceedings thereafter initiated

as CC No.332 of 2005, before the Judicial First Class Magistrate

Court, Wadakkancherry.

2. The aforesaid crime was registered on 19.02.05 against

six accused persons for offences punishable under Sections 143,

147, 148, 447, 427, 506(ii) read with Section 149 IPC. The 6th

accused was shown as Rajesh, S/o.Santha, Narangavalappil,

Veloor Village and Desom. After the conclusion of investigation,

the police filed Annexure A1 charge sheet against the aforesaid

six persons. The learned Magistrate thereafter took cognizance

of the offence as against those six persons and took the case on

file as CC No.332 of 2005. Subsequently, the investigating officer

filed Annexure A3 report before the learned Magistrate to the

effect that the investigation revealed that the 6th accused is

Rajesh, S/o. Santha, Chittazhi Veedu, Veloor and not Rajesh,

Crl.MC No. 3696 of 2007

2

S/o.Santha, Narangavalappil, Veloor. Thereupon the learned

Magistrate issued summons to the petitioner who claims that he is

Rajesh, S/o. Santha, Chittazhi Veedu, Veloor.

3. The learned Public Prosecutor attempted to sustain the

summons issued to the petitioner by submitting that it was only a

mis-description. Even if it was a mis-description, no report could

have been filed before the court below after the cognizance was

taken of the offences in the manner that has been done in this

case. If such a report was filed during investigation, then the

investigating officer could have rectified the mis-description and

filed the final report before the court showing the correct name and

address of the accused. That was not done. The court had taken

cognizance of the offences as against all the six accused persons

including the aforesaid Rajesh, S/o.Santha, Narangavalappil,

Veloor. The only mode by which the name and other details of a

person who has been charge sheeted and against whom

cognizance has been taken, is by seeking either a further

investigation under 173(8) Cr.PC or by roping in such person by

resort to Section 319 Cr.PC, if his name and identity were

Crl.MC No. 3696 of 2007

3

revealed by the evidence adduced before the Magistrate. Hence,

the court below was not justified in issuing Annexure A2 summons

to the petitioner who is not the 6th accused who has been charge

sheeted and against whom cognizance was taken by the

Magistrate. The petitioner, i.e., Rajesh, S/o. Santha, Chittazhi

Veedu, Veloor cannot therefore be summoned before the Judicial

First Class Magistrate, Wadakkancherry for the purposes of the

trial in CC No.332 of 2005.

This Crl. MC is accordingly allowed but without prejudice to

the right of the investigating officer to seek further investigation, if

so advised.

V. RAMKUMAR, JUDGE

btt

Crl.MC No. 3696 of 2007

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