Dismissed

Aniyan Kunju Daniel v. State of Kerala

Kerala HC22 Oct 2010Crl.MC/4156/2010

Case brief

AI extract

What is this about?

The court held that an accused who failed to appear at the committal stage is not entitled to quash proceedings based on a co-accused's acquittal. The petitioner must approach the Sessions Court seeking a discharge order under Section 227 of the CrPC.

What did the court decide?

The petition was dismissed and the petitioner was granted liberty to raise contentions before the Sessions Judge seeking a discharge order.

Aniyan Kunju Daniel Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR

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FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932

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Crl.MC.No. 4156 of 2010(B)

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-------------------------------------[SC.NO.159/2004 OF ADDL. SESSIONS COURT (ADHOC), MAVELIKKARA, CRIME NO.395/2001 OF NOORNADU POLICE STATION] ....................

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PETITIONER: -------------------

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ANIYAN KUNJU DANIEL, KADAMBASSERIL, KOTTAKKATTU MURI, THAMARAKULAM VILLAGE, MAVELIKARA.

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BY ADV. SRI.R.PADMAKUMAR.

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RESPONDENT:

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----------------------

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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prv.

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M.SASIDHARAN NAMBIAR,J.

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--------------------------------------------- CRL.M.C.NO.4156 OF 2010 --------------------------------------------- Dated 22^nd October, 2010

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O R D E R

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Petitioner, the second accused in

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C.P.160/2002 on the file of Judicial First Class Magistrate's Court, Mavelikara did not appear at the committal stage. Therefore,

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case against him was split up and case

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against first accused was committed to Additional Sessions Court, Mavelikara and taken on file as S.C.159/2004. By

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Annexure-A2 judgment learned Additional Sessions Judge acquitted the first accused finding that prosecution failed to prove the case. When petitioner appeared subsequently, the case against him was committed to the Sessions Court. It is now pending before Additional Sessions Court, Mavelikara.

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Crmc 4156/10

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Petition is filed under Section 482 of Code of

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Criminal Procedure to quash the proceedings against him contending that in view of the findings in Annexure-A2 judgment that whole prosecution case is clouded with suspicion, continuation of the proceedings will serve no purpose, as there is no likelihood of conviction and therefore, the case is to be

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quashed.

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petitioner and learned Public Prosecutor were heard.

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Court in Moosa v. Sub Inspector of Police (2006

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(1) KLT 552) , based on the judgment of acquittal of the co-accused, an absconding accused is not entitled to get the case against him quashed. True, Annexure-A2 judgment shows

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Crmc 4156/10

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that based on the evidence recorded, learned

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Additional Sessions Judge found that

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prosecution case is clouded with suspicion. But based on that finding case cannot be quashed. Petitioner is entitled to raise all the contentions before the learned Sessions Judge and seek an order of discharge under section 227 of Code of Criminal Procedure.

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Petition is disposed granting liberty to the petitioner to raise all the contentions, including the findings in Annexure-A3, and seek an order of discharge under Section 227 of Code of Criminal Procedure.

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M.SASIDHARAN NAMBIAR, JUDGE.

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uj.

Aniyan Kunju Daniel v. State of Kerala

Case brief

What is this about?

What did the court decide?

Aniyan Kunju Daniel v. State of Kerala

Case brief

What is this about?

What did the court decide?

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