-
by Admin
07 May 2024 2:49 AM
High Court of Kerala at Ernakulam, under the jurisdiction of Honorable Mr. Justice N. Nagares, dismissed a Criminal Revision Petition, stating that notarized affidavits from complainants can't be considered in isolation for discharging an accused from the case.
The case, numbered CRL.REV.PET No. 678 of 2023, was filed by the 3rd accused, Vishnu K.B, seeking revision of the order in CRL.M.P.66/2023 in SC 704/2022 from the Assistant Sessions Judge, Chavakkad, Thrissur.
Justice N. Nagares noted that the de facto complainants have no objection in discharging the petitioner from the case. However, he also mentioned that, "In this case, on the basis of materials made available by the prosecution, the Assistant Sessions Judge has found that there is reason to proceed against the accused. A notarised affidavit subsequently signed by the de facto complainants cannot be taken in isolation by the Court so as to discharge the accused" (Para 16).
The petitioner was accused under various sections of the Indian Penal Code including Sections 143, 147, 148, 341, 323, 324, 326, 308, and 149. He had argued that the de facto complainants themselves have given intimation to the police that he was not involved, a point that the court found insufficient for his discharge.
The judge cited precedents set by the Hon’ble Apex Court in Ghulam Hassan Beigh v. Mohammad Maqbool Magrey, Asim Shariff v. NIA, State of Karnataka v. M.R.Hiremath and State of Tamil Nadu v. Suresh Rajan, stating the roles and responsibilities of the court while considering a discharge application (Para 12-15).
The Court dismissed the Criminal Revision Petition but acknowledged that the petitioner is aspiring for a job in the public sector and directed the lower court to dispose of the matter as expeditiously as possible to avoid causing prejudice to the petitioner.
Date of Decision: 4th September 2023
VISHNU K.B vs STATE OF KERALA
