Court quashed criminal proceedings against the 10th accused based on a prior judgment where the injured witness failed to identify assailants and the case was settled, rendering the prosecution substratum destroyed.
Final report in Crime No.183 of 1995 taken; proceedings against the petitioner in C.P.No.16 of 2001 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 THOMAS P.JOSEPH WEDNESDAY, THE 25TH MAY 2011 / 4TH JYAISHTA 1933
Crl.MC.No. 2776 of 2006()
------------------------SC.470/2001 of ADDL. SESSIONS COURT (ADHOC-2), THRISSUR CP.16/2001 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THRISSUR CRIME NO.183/1995 OF ANTHIKAD POLICE STATION.
PETITIONER(S): 10TH ACCUSED
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R.RADHAKRISHNAN, S/O.SUBRAMANIAN, KATTILANVEETTIL HOUSE, KODASSERY, NAYARANGADI, ELINJIPRA.
BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN
RESPONDENT(S): STATE AND DEFACTO COMPLAINANT
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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. M.R.RAJAN, S/O.RAMANKUTTY, ANTHIKAD VILLAGE, THRISSUR TALUK.
R1 BY PUBLIC PROSECUTOR SRI.MANU
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
tss
THOMAS P JOSEPH, J.
Crl.M.C.No.2776 of 2006
Dated this 25th day of May, 2011
ORDER
Petitioner is the 10th accused in Crime No.183 of 1995 of Anthikad Police Station and C.P.No.16 of 2001 of the Court of learned Judicial First Class Magistrate-II, Thrissur for offences punishable under Secs.143, 147, 148, 341, 326, 307 and 120(b) r/w. Sec.149 of the Indian Penal Code. That case was registered against 16 accused alleging that on 18.10.1995 at about 5.30p.m they formed into an unlawful assembly with intent to cause death of CW2/PW2 and assaulted him. Case against petitioner and others was split up as they were not available for trial and refiled as S.C.No.433 of 2004. Some of the accused faced trial in S.C.No.470 of 2001 and vide Annexure-AII, judgment dated July 25, 2004 they were acquitted under Sec.232 of the Code of Criminal Procedure since none of the witnesses supported the prosecution. Prayer in this criminal miscellaneous case is to quash proceeding against petitioner on the strength of AnnexureAII, judgment. Learned counsel submitted that the substratum of prosecution case is destroyed by Annexure-AII, judgment. Learned counsel also submitted that proceeding against 4th
Crl.M.C.No.2776 of 2006
-: 2 :-
accused was quashed as per order dated December 9, 2004 in Crl.M.C.No.3231 of 2004. I have heard learned Public Prosecutor also.
Crl.M.C.No.2776 of 2006
-: 3 :-
Resultantly this criminal miscellaneous case is allowed. Final report in Crime No.183 of 1995 of Anthikad Police Station, cognizance taken and proceeding against petitioner/accused No.10 in C.P.No.16 of 2001 of the Court of learned Judicial First Class Magistrate-II, Thrissur are quashed.
(THOMAS P JOSEPH, JUDGE)
Sbna/-
1 issue framed by the court
Whether criminal proceedings against the 10th accused should be quashed in light of an earlier judgment acquitting co-accused due to lack of witness support.
R. Radhakrishnan
State of Kerala
Thomas P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
