Quashed

Jayakrishnan v. State of Kerala

Kerala HC12 Sept 2013Crl.MC/1464/2013

Case brief

AI extract

What is this about?

The Kerala High Court quashed the charge sheet against the petitioner, who was the fifth accused in an affray case where co-accused were acquitted. The court held that since previous findings showed insufficient evidence against co-accused, further litigation against the petitioner would amount to an abuse of the court's process.

What did the court decide?

Annexure-III charge sheet and all further proceedings pending against the petitioner in C.C.No.470 of 2006 were quashed.

Jayakrishnan Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2013)

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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 V.K.MOHANAN

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THURSDAY, THE 12TH DAY OF SEPTEMBER 2013/21ST BHADRA, 1935

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Crl.MC.No. 1464 of 2013 ()

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CC 470/2006 of JUDICIAL FIRST CLASS MAGISTRATE COURT, ALATHUR. CRIME NO. 439/2001 OF ALATHUR POLICE STATION , PALAKKAD

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PETITIONER(S)/ACCUSED:

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JAYAKRISHNAN, AGED 31 YEARS S/O.MADHAVAN, NANDANAM, 25/87 NOORANI P.O. PALAKKADU DISTRICT, PIN 678004.

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BY ADV. SRI.JOHN JOSEPH(ROY)

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RESPONDENT/STATE AND DEFACTO COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM THROUGH THE SUB INSPECTOR OF POLICE, ALATHUR IN PALAKKAD DISTRICT.

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BY PUBLIC PROSECUTOR SMT.S.HYMA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12-09-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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tss

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Crl.MC.No. 1464 of 2013 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE-I: TRUE COPY OF THE FIR IN CRIME NO.439/2001 OF ALATHUR POLICE STATION.

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ANNEXURE-II: TRUE COPY OF THE WOUND CERTIFICATE ISSUED TO THE DEFACTO COMPLAINANT.

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ANNEXURE-III: TRUE COPY OF THE CHARGE SHEET FRAMED BY THE TRIAL COURT.

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ANNEXURE-IV: TRUE COPY OF THE JUDGMENT OF ACQUITTAL DATED 28.11.2006 OF THE J.F.C.M.COURT ALATHUR.

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RESPONDENT(S)' EXHIBITS

NIL

TRUE COPY

P.A. TO JUDGE

tss

V.K.MOHANAN, J.

CRL.M.C.No. 1464 of 2013

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Dated this the 12^th day of September, 2013

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O R D E R

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Petitioner is the fifth accused in Crime No.439/2001 of

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Alathur Police Station and according to him, though the other accused in the very same crime faced prosecution, they are acquitted, as per Annexure IV judgment. So, the claim of the petitioner is that he is also entitled to get the same treatment and the proceedings against him can be quashed and therefore, the present Crl.M.C. is filed under Section 482 of the Cr.P.C. with the above prayer.

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Heard the counsel for the petitioner and the learned Public

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Prosecutor.

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The prosecution allegation is that on 31.10.2001 at about

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9.30 a.m., the accused herein six in numbers have formed an unlawful assembly in the front gate of NSS college building situated in Nenmara, with the common object of causing hurt to CW1 Bibeesh,

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Crl.M.C.No. 1464 Of 2013

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A1 to 6 had then wrongfully restrained the said CW1 and CW2 Sekharan. A1 to 3 and 6 had voluntarily caused hurt to the said Cws.1 and 2 by beating them with sticks. Hence it is alleged that the accused

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have committed the offences punishable under Sections 143,147,148,341 and 324 read with Section 149 of I.P.C.

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In the light of the submission made by the learned counsel for the petitioner, I have gone through Annexure IV judgment and in paragraph 5 of the same, the learned Magistrate, who had undertaken the trial in C.C.No.567/2003, found that the occurrence witnesses viz., Pws.1 and 2 denied witnessing the incident and the learned Magistrate concluded that no incriminating evidence has surfaced against the accused and further found that the prosecution has not succeeded in proving that A1 to A4 and A6 along with the present petitioner formed an unlawful assembly, rioted in prosecution of its common object and had voluntarily caused hurt to CW1 and 2 by dangerous weapons or means in the same course of transaction. On

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Crl.M.C.No. 1464 Of 2013

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the basis of the above, accused Nos.1 to 4 and 6, who faced the prosecution, are acquitted.

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In the light of the above finding and the nature of the

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evidence adduced by the prosecution, according to me, even if another round of litigation is conducted, there would not be any progress in the prosecution case since there is already a finding by the learned Magistrate to the effect that the role of fifth accused has not been established when Pws.1 and 2 were examined. Therefore, according

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to me, the proceedings pending against the petitioner would amount to abuse of process of court.

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In the result, this Crl.M.C. is disposed of quashing Annexure-III charge sheet and all further proceedings pending against

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the petitioner in C.C.No.470 of 2006 on the file of the Judicial First Class Magistrate Court, Alathur.

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V.K.MOHANAN, Judge

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MBS/

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Crl.M.C.No. 1464 Of 2013

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Jayakrishnan v. State of Kerala

Case brief

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What did the court decide?

Jayakrishnan v. State of Kerala

Case brief

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