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2025 Supreme(Ker) 789
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J.
Arun G Nair – Petitioner
Versus
State of Kerala – Respondent
CRL.REV.PET No. 718 of 2023, CRL.MC No. 5423 of 2023
Decided On : 21-03-2025
Advocate Appeared:
For the Appellant : BY ADV K.RAJEEV
For the Respondent: BY ADVS. PUBLIC PROSECUTOR SRI.M.P.PRASANTH C.S.AJITH PRAKASH T.K.DEVARAJAN(K/253/1993) BABU M.(K/1324/2019) ANCY THANKACHAN(K/1704/2019) NIDHIN RAJ VETTIKKADAN(K/000060/2020) GOURI KAILASH(K/002177/2022)
IMPORTANT POINT
A Magistrate must provide a reasoned order when adding charges, ensuring all evidence is considered, particularly when prior reports do not support such additions.
Headnote:
(A) Indian Penal Code, 1860 - Sections 294(b), 323, 406, 420, 498A, and 304B - Allegations of cruelty and dowry demand leading to suicide - The petitioner challenged the addition of Section 304B, claiming lack of evidence for cruelty before death - The Magistrate's order adding Section 304B was set aside for lack of reasoning and failure to consider prior reports. (Paras 6 , 7 , 9 )
(B) Criminal Procedure Code, 1973 - Section 173 - The final report must be comprehensive and reflect the Magistrate's scrutiny of all evidence before adding charges - The order must be reasoned and supported by evidence. (Paras 8 , 9 )
Facts of the case:
The petitioner married the daughter of the 2nd respondent in 2014; the wife committed suicide in 2017, leading to allegations of cruelty and dowry demand against the petitioner. The Magistrate initially quashed some charges but later allowed further investigation, resulting in the addition of Section 304B.
Findings of Court:
The court found that the Magistrate's order lacked sufficient reasoning and did not reflect a thorough examination of the evidence.
Issues: The main issue was whether there was adequate evidence to support the addition of Section 304B of IPC against the petitioner.
Ratio Decidendi: The court ruled that the Magistrate must provide a reasoned order when adding charges, especially when previous reports did not support such additions.
Result: The order adding Section 304B was set aside, and the Magistrate was directed to reconsider the application with proper reasoning.
ORDER :
KAUSER EDAPPAGATH, J.
The above criminal miscellaneous case and criminal revision petition are connected. The parties are one and the same. The Annexures are shown as referred to in Crl. M.C.No.5423/2023.
2. The petitioner married the daughter of the 2nd respondent, viz., Monisha, on 1/9/2014. At the time of the marriage, the petitioner was working as a male nurse in Australia and his wife was working as a Software Engineer at Ernakulam. After the marriage, they left to Australia on 7/9/2015. The wife of the petitioner committed suicide in Australia by hanging at their residence on 7/2/2017. On 17/2/2017, the 2nd respondent submitted Annexure II complaint to the Superintendent of Police, Kottayam seeking investigation into the untimely death of her daughter. It was alleged that the deceased was subjected to physical and mental cruelty by the petitioner which forced her to commit suicide. On 19/2/2017, the 2nd respondent submitted another complaint (Annexure III) in continuation to her earlier complaint to the Superintendent of Police, Kottayam seeking to register a crime under Section 498A of IPC and to investigate the same. Annexure III complaint was forwarded to the Ponkunnam Police who registered Annexure IV crime against the petitioner alleging offences punishable under Sections 406, 420 and 498A of IPC. During the course of investigation, the mother and sister of the petitioner were also arrayed as accused in the crime. After investigation, the final report was submitted before the Judicial First Class Magistrate Court – II, Kanjirappilly (for short, 'the Magistrate Court') on 14/6/2017 against the petitioner, his sister and his mother for the offences punishable under Sections 294(b), 323, 406, 420, 498A r/w 34 of IPC. The learned Magistrate took cognizance of the offences and numbered the case as CC No.487/2017.
3. The petitioner, along with his mother and sister, filed Crl.M.C.No.6565/2017 before this court to quash the final report and all further proceedings in CC No. 487/2017. This court, as per Annexure VI order dated 22/10/2019, quashed the entire proceedings against the mother and sister of the petitioner. In respect of the petitioner, offences under Sections 406 and 420 of the IPC were quashed, and offences under Sections 294(b), 323 and 498A of the IPC were maintained and allowed to proceed. Though the petitioner challenged Annexure VI order before the Supreme Court, he did not succeed.
4. The 2nd respondent then filed Annexure VIII application before the Magistrate Court seeking further investigation into the matter. The Magistrate Court allowed Annexure VIII application and directed further investigation. After further investigation, CW25, the investigating officer filed Annexure X final report dated 2/4/2022. However, the Magistrate Court directed the police to conduct further investigation into the matter as per the order dated 10/10/2022. In pursuance of the order passed by the Magistrate Court, the Dy. S.P Crime Branch (CW26) took over further investigation. On 17/2/2023, CW26 submitted a final report stating that the petitioner has committed the offences punishable under Sections 294(b), 323 and 498A of IPC. The 2nd respondent thereafter filed Annexure XIV application before the Magistrate Court stating that the offence punishable under Section 304B of IPC was made out in the final report and, therefore, prayed for an order to add Section 304B of IPC. The petitioner filed Annexure XV objection to Annexure XIV inter alia contending that there are no materials against him to add Section 304 B of IPC as alleged. The Magistrate Court, as per Annexure XVI order dated 8/6/2023, allowed Annexure XIV application, holding that a prima facie case is made out against the petitioner under Section 304B of IPC. Crl.R.P.No. 718/2023 has been filed challenging Annexure XVI order. Crl. M.C.No.5423/2023 has been filed to quash all further proceedings pursuant to Annexures X and XIII final reports.
5. I have heard Sri. K
