IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 Crl.MC.No. 2315 of 2011() -------------------------------------- CC.NO. 402/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, MUVATTUPUZHA CRIME NO.18/2004 OF PIRAVAM POLICE STATION, ERNAKULAM DISTRICT .................... PETITIONER(S): ACCUSED ----------------------------------------- SUNIL KUMAR. B,AGED 35 YEARS, S/O.P.N.BALAKRISHNAN NAIR,SARADA NIVAS, NETTAIKODATH ROAD,PALARIVATTOM,KOCHI (NOW RESIDING AT ATHULLYAM,19/377B, BEHIND KONGORPILLY G.H.S.S, POST KONGORPILLY,ERNAKULAM) BY ADV. SRI.S.RAJEEV RESPONDENT(S): COMPLAINANT ------------------------------------------------- 1. C.B.VINOD,S/O.BALAKRISHNAN NAIR, CHATHOTH HOUSE,ONAKOOR KARA,ONAKOOR VILALGE, PIN - 686 667. 2. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM.(CRIME NO.18/2004 OF PIRAVAM POLICE STATION, ERNAKULAM DISTRICT) R2 BY PUBLIC PROSECUTOR SRI.ALEX M.THOMBRA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 22/09/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.2315/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX 1 COPY OF THE ORDER DATED 19/08/2005 PASSED BY THIS HON'BLE COURT. ANNEX II COPY OF THE PROCEEDINGS SHEET IN CC NO.402/2008. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.2315 of 2011 ----------------------------------- Dated this the 22nd day of September 2011 O R D E R The sole accused in C.C.No.402/2008 of Judicial First Class Magistrate-I, Muvattupuzha is the petitioner. That case was registered pursuant to the complaint filed by the first respondent/C.B.Vinod. After conducting investigation charge sheet was filed by the police. It was taken on file as C.C.No.402/2008. The name and address of the accused written in the charge sheet was Sunil Nair, S/o.Balakrishna Menon, Sarada Nivas, NRRA IX, Nettaikodath Road, Palarivattom Kara, Edappally South. The learned counsel for the petitioner submits that there is mistake in the identity of the real accused. The petitioner is Sunil Kumar B. His age is shown as 35 years. His father's name is P.N.Balakrishnan Nair. The learned counsel for the petitioner submits that the petitioner is not at all aware of Crl.M.C. No.2315 of 2011 -: 2 :- any of the allegations or contentions mentioned in the charge sheet and it is a clear case of mistaken identity. Affidavit was filed on behalf of the 2nd respondent. Earlier the case was charge sheeted and was taken on file as C.C.No.118/2004 where the name of the accused was shown as Sunil Nair, S/o.Balakrishna Menon. He is stated to be not the petitioner herein. In the affidavit filed by the 2nd respondent, it is stated that identity proofs such as Birth Certificate, S S L C Book, Residence Certificate, Passport, Ration Card, Driving Licence are necessary to come to a conclusion, whether the accused in Crime No.18/2004 is the petitioner or not. It is also pointed out that another Bench of this Court passed following order in Crl.M.C.No.2510 of 2005 :- “It is submitted by learned Public Prosecutor on getting instructions that the accused in Crime No.118/2004 in C.C.No.11188/2004 on the file of the Judicial Magistrate of First Class, Muvattupuzha is one Sunil Nair, S/o.Balakrishna Menon and not the petitioner. This submission is recorded. The Crl.M.C. is closed.” Crl.M.C. No.2315 of 2011 -: 3 :- In the light of the submissions and the conclusion that has to be arrived at with regard to the identity of the accused in the aforesaid crime, it is still necessary to have a further investigation into the matter to get at the truth to proceed against the actual accused. As such, the following directions are issued :- The Investigating Officer will conduct a further investigation into the matter. The petitioner herein will make available the Birth Certificate, S S L C Book etc. as stated earlier to convince that he is not actually the accused and after conducting such further investigation, a further report shall be filed before J.F.C.M.-I, Muvattupuzha. Till then, the proceedings in C.C.No.402/2008 shall be kept in abeyance. Petitioner will appear before that court on issuing fresh notice after the further report is filed, if the presence of the petitioner is required. The further investigation shall be conducted within six months from today. If, for any reason, the Investigating Officer requires Crl.M.C. No.2315 of 2011 -: 4 :- further time, he can get further time by submitting a report to that effect before J.F.C.M.-I, Muvattupuzha. This Crl.M.C. is disposed of accordingly. N.K.BALAKRISHNAN, JUDGE. Jvt