High Court rejected petition to quash criminal proceedings against petitioner accused. Court held non-evaded accused cannot invoke inherent powers when non-bailable warrant is pending against him for trial pending against co-accused.
petition dismissed; petitioner directed to surrender before magistrate before challenging proceedings.
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 S.S.SATHEESACHANDRAN
TUESDAY, THE 16TH DAY OF OCTOBER 2012/24TH ASWINA 1934
Crl.MC.No. 2809 of 2012 (A)
-------------------------IN CC.300/2003 of J.M.F.C. - II, MAVELIKKARA
PETITIONER/ACCUSED:-
SHAJAHAN, AGED 47 YEARS, S/O.MUHAMMED MUSTHAFA RAWTHAR, SHANAS VILLA ADICKATTUKULANGARA MURI, PALAMEL VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT
BY ADVS.SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN
RESPONDENT / STATE & DE FACTO COMPLAINANT : -
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE SUB INSPECTOR OF POLICE, NOORANADU POLICE STATION, ALAPPUZHA.
BY PUBLIC PROSECUTOR SRI. R. RANJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-10-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2809 of 2012 (A)
APPENDIX
PETITIONER'S ANNEXURES :
| ANNEXURE A1 : | CERTIFIED COPY OF THE FIR DATED 22.10.1998 IN CRIME NO.285 OF NOORANADU POLICE STATION. |
|---|---|
| ANNEXURE A2 : | CERTIFIED COPY OF THE FINAL REPORT DATED 15.12.1998 IN CRIME NO.285/1998. |
| ANNEXURE A3 : | CERTIFIED COPY OF THE DEPOSITION OF PW1. |
| ANNEXURE A4 : | CERTIFIED COPY OF THE DEPOSITION OF PW2. |
| ANNEXURE A5 : | CERTIFIED COPY OF THE DEPOSITION OF PW3. |
| ANNEXURE A6 : | CERTIFIED COPY OF THE JUDGMENT DATED 06.05.2003 IN C.C. NO.257/1999 BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, MAVELIKKARA. |
RESPONDENT'S ANNEXURES : NIL.
// TRUE COPY //
P.A. TO JUDGE
DMR/-
S.S.SATHEESACHANDRAN,J.
Crl.M.C. NO. 2809 of 2012
Dated this the 16th day of October, 2012
ORDER
Petitioner is an accused in a case which is now included among the long pending cases numbered as L.P. No.131 of 2004 in C.C. No.300 of 2003 on the file of the Judicial First Class Magistrate-II, Mavelikkara. The trial proceeded against the co-accused had ended in their acquittal and from Annexure A6 judgment and other materials produced it could be seen that the substratum of the prosecution case set up against all the accused stood shattered, is the submission of the counsel for invoking the inherent powers of this court to quash the proceedings against him.
Crl.M.C. NO. 2809 of 2012
2
for trial. Petitioner who has evaded the court while the trial proceeded against the co-accused, at this stage, where non bailable warrant issued by the court is pending against him cannot seek for invoking the inherent powers of this court in his favour. Petitioner has to surrender before the magistrate and then alone, he may canvass for whatever challenges, against the proceedings now continuing against him.
Reserving his right to do so, the petition is
dismissed.
S.S.SATHEESACHANDRAN JUDGE.
DMR /-
3 issues framed by the court
Whether accused who has evaded trial while co-accused were acquitted can invoke inherent powers to quash proceedings.
Whether High Court should dismiss petition for quashing FIR unless petitioner surrenders to court.
Whether order restoring quash petition to originating form stands valid where trial is pending against respondent.
Shajahan
State of Kerala
S.S.Satheesachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
