JOHNKUTTY.M.V. Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner has combined various reliefs, of which the relevant one is to set aside Annexure A15 order dtd. 23/3/2022 framing charge against him for the offences punishable under Sec. 341 and 332 of the Indian Penal Code, 1860 (for short 'IPC'). Annexure A20 and Annexure A21 orders dtd. 27/11/2023 of the Additional Sessions Court-II, Thiruvananthapuram, are also challenged. By virtue of those two orders, the Court has dismissed petitioner's application for referring questions to the High Court under sec. 395 Cr.P.C and also rejected petitioner's challenge against the order framing charge as well as the challenge against the orders in two petitions filed as C.M.P. Nos.602/2022 and 603/2022.

(2.) The dispute arises out of an incident that occurred on 28/11/2011 at the Museum Junction at Thiruvananthapuram. Petitioner is alleged to have blocked a KSRTC stage carriage on the main road at around 7:50 PM using his car and attacked the driver of the stage carriage. A final report was filed alleging offences punishable under Sec. 341, 353 and 323 of IPC.

(3.) The case has a history which is worth mentioning to indicate how a trial has been prolonged for a decade and more. Initially, on 7/2/2012, the Judicial First Class Magistrate Court -III, Thiruvananthapuram, took cognizance of the offences mentioned in the final report, i.e. for those under Sec. 341, 353 and 323 of IPC and issued process to the accused. After the accused appeared, the learned Magistrate on 27/8/2014 framed charges for the offences under Sec. 341 and 332 of IPC and the trial commenced. Later, consequent to examination of the defence witnesses, the learned Magistrate realized that it was not a case triable by him.