IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 Crl.MC.No. 3451 of 2011() ---------------------------------- CRIME NO.8/2004 OF KASABA POLICE STATION, KOZHIKODE DISTRICT. ......... PETITIONER(S): ------------------------ 1. K.VALSARAJ (A2), "SOPANAM", ARANGIL DAMODARAN ROAD, KOZHIKODE-673016. 2. N.PURUSHOTHAMAN (A3), "NARAYANI NIVAS", PANTHEERANKAVE, KOZHIKODE-673019. 3. KANNANKAVIL KRISHNADAS (A7), "SHILPAKALA", 5/2414, NEAR VETERINARY HOSPITAL, KOZHIKODE-673001. 4. N.PURUSHOTHAMAN (A3), "NARAYANI NIVAS", PANTHEERANKAVE, KOZHIKODE-673019. 5. K.T.PARAMESWARAN (A8), AHANA PADINJAVALLI PARAMBA, KOTTOOLI, KOZHIKODE-673016. 6. E.K.SIVADAS (A10), "EKKANDATHIL KANNANCHALIL" HOUSE, KOTTOOLI, KOZHIKODE-673016. 7. BALAKRISHNAN PANIKKASSERY(A11), "PANIKASSERY" HOUSE, PUTHIYARA, KOZHIKODE-673004. 8. M.D.JAGANATHAN (A12), "MELE EDAVATTIL", NAMBIADATH PARAMBA, KOTTOOLI, KOZHIKODE-673016. 9. RAMAKRISHNAN VAYALIL (A13), "LAKSHMI", 17/1168, PAVAMANI ROAD, KOZHIKODE-673004. tss CRMC NO.3451/2011 10. DR.K.P.KUMARAPRASAD (A14), 4/2133, "POURNAMY", WAYANAD ROAD, KOZHIKODE-673001. 11. SMT.PUSHPA ASHOK KUMAR (A16), "ASHADAM", UKS ROAD, KOZHIKODE-673001. 12. T.SURENDRAN (A17), "NIKHIL NIVAS", EAST HILL, EDAKKAD, KOZHIKODE-673005. 13. JAYRAM ACHAZHIYATH (A18), 17/275, "ACHAZHIYATH" HOUSE, NEAR SREE KANTESWARA TEMPLE, KOZHIKODE-673001. 14. SURYAKANDY VISWANATHAN (A19), 10/137, NEAR CHENOTH SCHOOL, BEYPORE NORTH, KOZHIKODE-673032. 15. K.P.SADASIVAN (A20), "KUTTAMPOYIL" HOUSE, MALAPARAMBA, KOZHIKODE-673009. 16. P.BALAN (A21), "PERINGAMPURATH" HOUSE, GOVINDAPURAM, KOZHIKODE-673016. 17. P.GOPALAN (A22), "KRUPA", 33/427, PIPELINE ROAD, MALAPARAMBA, KOZHIKODE-673009. 18. M.N.VALSARAJ (A23), "CHANDRI VILLA", 4/399, JOSEPH ROAD, KOZHIKODE-673032. 19. K.VIJAYAN (A26), "VISWAS", 19/530, THAKARAKANDI PARAMBA, CHALAPPURAM, KOZHIKODE-673002. 20. I.P.PUSHPARAJ (A27), "HILL VIEW", 1/3085A, WEST HILL, KOZHIKODE-5. 21. T.PRASANNAKUMAR (A28), "PARAMESWARA PADMAM", 29/81/A, VELANKUDI PARAMBA, KOTTOOLI, KOZHIKODE-673016. BY ADV. SRI.SIVAN MADATHIL tss W.P.(C) NO. 3451/2011 RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR. 2. SUB INSPECTOR OF POLICE, KASABA POLICE STATION, KOZHIKODE. 3. CIRCLE INSPECTOR OF POLICE, KASABA CIRCLE, KOZHIKODE. 4. BHARATHAN, S/O.IMBICHEKKAN, MOOTHEDATHU KUZHIYIL, MAVOOR P.O., KOZHIKODE. R1 TO R3 BY PUBLIC PROSECUTOR SRI.C.RASHEED THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.3451/2011 APPENDIX PETITIONER(S) EXHIBITS A1:-MINUTES OF PROCEEDINGS OF THE MANDAL POOJA SUB-COMMITTEE DATED 10/10/2003. A2:-F.I.R.DATED 7/1/2004 IN CRIME NO.8/2004 OF KASBA POLICE STATION. A3:-FINAL REPORT IN CRIME NO.8/2004 SUBMITTED BY THE 2ND RESPONDENT BEFORE CJM, KOZHIKODE ON 29/12/2010. A4:-MEMORANDUM SIGNED BY WIFE AND CHILDREN OF DECEASED CHOYI AND THE IST PETITIONER, SECRETARY OF THE TEMPLE MANAGEMENT COMMITTEE. RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss N.K.BALAKRISHNAN, J ----------------------------------------- Crl.M.C. No. 3451 of 2011 ------------------------------------------ Dated this the 21st day of November, 2011. O R D E R Petitioners are the accused in CC.12/11 now pending before CJM Court, Kozhikode. The offence alleged against them is under Section 304-A IPC. The allegation is that on 25/12/2003 at about 03:00 P.M. while the deceased, Choyi was filling the explosives in kadina (pipe) for the 'achara vedi', suffered injuries and later succumbed. The petitioners are the members of the temple management committee. After investigation, charge sheet was laid against all the members of the temple management committee. The learned counsel for the petitioners submits that the explosives were used and collected by the deceased. As per the agreement, he alone was to obtain those explosives. He was performing/exploding 'acharavedi' for about 8 years prior to the incident. The witnesses and the relatives of choyi realized the fact that the explosion took place because of his own negligence. At any rate, the Crl.M.C. No. 3451 of 2011 -: 2 :- committee members have nothing to do with the explosion of the 'kadina vedi'. It is alleged that there is no vicarious liability in criminal law unless it is specifically provided for that purpose under any special provision. 2. The learned counsel for the petitioners submits that though the incident took place on 25/12/2003, the final report was filed only on 08/12/2010 i.e. long after the expiry of the period prescribed under Section 468 Cr.P.C. The final report should have been filed within 3 years from the date of the occurrence. It is submitted by the learned Public Prosecutor that no petition was filed for condonation of delay as provided under Section 473 Cr.P.C. Nothing was stated in the final report filed by the police with regard to the delay or as to the necessity of condonation of delay. In such circumstances it is only to be held that the cognizance taken by the learned Magistrate on the final Crl.M.C. No. 3451 of 2011 -: 3 :- report filed long after the expiry of the period prescribed for the same is unsustainable. Hence this Crl. M.C. is allowed. Further proceedings in CC.12/11 pending before CJM Court, Kozhikode is quashed. N.K. BALAKRISHNAN, JUDGE smvd