IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 Crl.MC.No. 1858 of 2011() ------------------------------------ CRIME NO.476/2011 OF KOLLAM EAST POLICE STATION .................... PETITIONER(S): ACCUSED NO.4 ----------------------------------------------- AJITH KUMAR.R, AGED 54 YEARS, S/O.G.RAVEENDRAN, SREE SAILOM, KUNNUMPURAM, KADACKAVOOR- PIN-695 306. BY ADV. SRI.RAJA VIJAYARAGHAVAN SRI.M.T.SURESHKUMAR RESPONDENT(S): COMPLAINANT ------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.PIN-682 031 BY PUBLIC PROSECUTOR SRI.V.MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.1858/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX .1: COPY OF THE FIR IN CRIME NO.476 OF 2011 OF THE KOLLAM EAST POLICE STATION. ANNEX.2: COPY OF THE REPORT FILED BY THE INVESTIGATING OFFICER ON 25/5/2011. ANNEX.3: COPY OF THE REMAND APPLICATION FILED BY THE INVESTIGATING OFFICER ON 25/5/2011. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.S.TO.JUDGE sts THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No. 1858 of 2011 ==================================== Dated this the 21st day of June, 2011 O R D E R Petitioner is the 4th accused in Crime No.476 of 2011 of Kollam East Police Station originally registered for offences punishable under Sections 354, 323 and 294(b) read with Section 34 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short, “the Act'). Case was registered on a complaint filed by the de facto complainant. She alleged that petitioner and accused 1 to 3 committed offences as alleged on various dates. The Assistant City Commissioner, Kollam conducted the investigation. He submitted Annexure-2, report stating that only petitioner and first accused are involved, offence involved is only under the Penal Code and deleted offence under the Act. Learned counsel submits that allegations against petitioner are false and it is a case of mistaken identity of petitioner with the third accused who now stands deleted from the array accused as per Annexure-2, report. Learned counsel also submitted that the remand report would show that allegations in the complaint and offences under the Penal Code are not attributed to the petitioner but only against CRL.M.C. No.1858 of 2011 -: 2 :- accused 1 and 3 in the FIR. I have heard learned Public Prosecutor also. 2. In Annexure-A2 the Assistant Commissioner has reported that no offence under the Act is involved, that offences under the Penal Code are involved and that investigation revealed that only petitioner and first accused are involved in the offences. Argument of learned counsel is that the accused now deleted from the array of accused is Aji @Ajikumar while petitioner is Ajith Kumar which is a case of mistaken identity by the Investigating Officer. It is also submitted that even as per the version of de facto complainant offences under the Penal Code are attributed to accused 1 and 3 of whom the third accused is now deleted. 3. Matter is still under investigation. In such a situation it is for the Investigating Officer to look into the above aspects of the matter, complete investigation and file final report at appropriate stage. I am not inclined to think that interference under Section 482 of the Code of Criminal Procedure is warranted at this stage. Criminal Miscellaneous Case is closed as above. THOMAS P. JOSEPH, JUDGE. vsv