After acquittal of 19 co-accused due to lack of overt acts against the petitioner and insufficient prosecution witnesses, High Court allowed the petition under Section 482 CrPC to quash proceedings against the petitioner-third accused.
Criminal Miscellaneous Case No. 2513 of 2009 allowed and Criminal Case No. 757 of 2007 against the petitioner quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931
Crl.MC.No. 2513 of 2009(F) -------------------------------------CC.NO.757/2007 OF JUDL.MAGISTRATE OF FIRST CLASS - I, N.PARAVUR.
PETITIONER/ACCUSED NO.3:
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RAJISH, S/O.RAJAN, ALINGAPOKKAM HOUSE, THATHAPILLY KARA, KOTHIVALLY VILLAGE, N.PARAVUR, ERNAKULAM.
BY ADV. MR.MANSOOR.B.H.
RESPONDENT/ STATE/COMPLAINANT: -------------------------------------------------------
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA REPRESENTING STATION HOUSE OFFICER NORTH PARAVUR POLICE STATION.
BY PUBLIC PROSECUTOR MR. S.U. NAZAR.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
prv.
M.SASIDHARAN NAMBIAR,J.
CRL.M.C.NO.2513 OF 2009
Dated 20th August 2009
O R D E R
Petitioner was third accused in C.C.1440/2002 on the file of Judicial First Class Magistrate, North Paravur. Case as against him was split up and re-filed as C.C.757/2007, as he was absconding and the remaining 19 accused were tried by the learned Magistrate for the offences under Sections 143, 147, 148 and 427 read with Section 149 of Indian Penal Code and Section 3(2)(C) of P.D.P.P Act. Under Annexure-I judgment all the other accused were acquitted. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case as against petitioner contending that even if petitioner is to be tried, there is no chance of a successful conviction and in such circumstances, case as against the petitioner is to be quashed.
petitioner and learned Public Prosecutor were heard.
CRMC 2513/09
2
itself is not a ground for quashing the proceedings as against the absconding accused, Annexure-A2 final report shows that there is no specific allegation of any overt act committed by the petitioner. On the other hand, prosecution case is against 20 accused persons and petitioner is roped in with the aid of Section 149 of Indian Penal Code. When all the remaining 19 accused were tried and acquitted, even if petitioner is to be tried there is no chance for successful prosecution. It is seen from Annexure-I judgment that even when the other 19 accused were tried, in spite of coercive steps, prosecution could not examine the prosecution witness except CW1 who was examined as PW1. In such circumstances, even if petitioner is to be tried, it would only result in unnecessary waste of valuable time of the court, which otherwise could be used for better purpose.
In such circumstances, petition is allowed. C.C.757/2007 on the file of Judicial First Class
Magistrate, North Paravur is quashed.
M.SASIDHARAN NAMBIAR, JUDGE.
uj.
2 issues framed by the court
Whether Crl.M.C.No. 2513/2009 filed by petitioner-third accused under Section 482 CrPC to quash the case against him should be allowed.
Whether acquittal of co-accused absolving the petitioner due to lack of overt acts and witnesses constitutes a ground for quashing.
3 provisions across 3 enactments
RAJISH
STATE OF KERALA
M.SASIDHARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
M.SASIDHARAN NAMBIAR
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