The High Court of Kerala dismissed a petition seeking quashal of criminal proceedings. The court held that accused not facing trial in a related acquittal case must surrender for discharge rather than seek quashal under Section 482 Cr.P.C.
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 V.RAMKUMAR
MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930
Crl.MC.No. 596 of 2009()
-----------------------CC.590/2001 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR
PETITIONER(S): ACCUSED NOS.4 & 20
BY ADV. SRI.P.C.SASIDHARAN
RESPONDENT(S): RESPONDENT
THE STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
PUBLIC PROSECUTOR SRI. SALIM P.A.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * *
Crl. M.C. NO. 596 of 2009
ORDER
Petitioners who are accused Nos. 4 and 20 in Crime No. 183 of
2000 of Nenmara Police Station for offences punishable under Sections 143, 147, 148, 427, 448 and 506 (1) read with Sec 149 I.P.C. seek to quash the proceedings initiated against them as C.C. No. 590 of 2001 before the J.F.C.M. Alathur. The main ground on which proceedings are sought to be quashed is that the co-accused in the case registered as C.C. 361 of 2004 were acquitted by the learned Magistrate as per judgment dated 31-5-2004. The petitioners who did not face trial in the said case cannot seek the proceedings against them to be quashed in a petition under Sec. 482 Cr.P.C. They will have to surrender before the Magistrate and plead for a discharge on the basis of the judgment of acquittal the co-accused.
This petition is accordingly dismissed without prejudice to the petitioners to plead for a discharge before the learned Magistrate.
Dated this the 9th day of February, 2009.
Sd/- V. RAMKUMAR, (JUDGE)
/true copy/
ani.
1 issue framed by the court
Whether accused persons who were not part of a trial resulting in acquittal of co-accused can seek quashal of proceedings under Section 482 Cr.P.C.
2 provisions across 2 enactments
ACCUSED NOS.4 & 20
THE STATE OF KERALA
V. RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
