On 09/09/2013, the High Court of Kerala, Ernakulam bench allowed the petitioner's motion to quash criminal proceedings under Section 482 Cr.P.C., ruling that a continuation of the trial would be a waste of judicial time given the prior acquittal due to hostile prosecution witnesses.
Proceedings pending against the petitioner in C.C.No.224 of 2013 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 V.K.MOHANAN
MONDAY, THE 9TH DAY OF SEPTEMBER 2013/18TH BHADRA, 1935
Crl.MC.No. 3738 of 2013 ()
CC.NO. 224/2013 OF CHIEF JUDICIAL MAGISTRATE COURT, MANJERI CRIME NO. 333/2011 OF MANJERI POLICE STATION ,MALAPPURAM
PETITIONER/ACCUSED:-
JASSIR,
S/O.UMMER, KODITHODIKA HOUSE, PULPATTA, KALATHUMPADY, MALAPPURAM DISTRICT.
BY ADV. SRI.BABU S. NAIR
RESPONDENTS/STATE AND COMPLAINANT:-
1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.
2. THE SUB INSPECTOR OF POLICE, MANJERI POLICE STATION, MALAPPURAM DISTRICT, PIN - 676 121.
R1 & R2 BY PUBLIC PROSECUTOR SMT. S.HYMA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-09-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
Crl.MC.No. 3738 of 2013 ()
APPENDIX
PETITIONER(S)' ANNEXURES:
ANNEX A. TRUE COPY OF THE CHARGE IN CRIME NO.333/2011 OF THE MANJERI POLICE STATION.
ANNEX B. TRUE COPY OF THE JUDGMENT IN C.C.NO.27/2012 OF THE CHIEF JUDICIAL MAGISTRATE, MANJERI DATED 30.07.2013.
RESPONDENT(S)' ANNEXURES: NIL
/TRUE COPY/
P.A.TO.JUDGE
sts
V.K.MOHANAN, J.
Crl.M.C.No.3738 of 2013
Dated this the 09th day of September, 2013
ORDER
The petitioner, who is the 4th accused in Crime No.333 of 2011 preferred the above M.C. under Section 482 of Cr.P.C. with a prayer to quash all proceedings pending against him in C.C.No.224 of 2013 on the file of the court of the Chief Judicial Magistrate, Manjeri as the other accused in the above case as per Annexure-B already acquitted.
Crl.M.C.No.3738 of 2013
:-2-:
bottle. When CW.2 to CW.5 obstructed the accused persons 1 and 2, the accused persons together beat them also. The prosecution alleges that the accused persons by the above said act voluntarily caused hurt to CW.2 to 5. Further it is alleged that the accused have committed the offence in furtherance of their common object of unlawful assembly and thus they have committed the offences punishable under Sections 143, 147, 148, 323 and 324 read with Section 149 of IPC.
Crl.M.C.No.3738 of 2013
:-3-:
From the above judgment, the prosecution allegation can be seen as inserted in paragraph 2 of the very same judgment and except the general and bald allegation against the accused, no specific overt act is raised against the petitioner, who is the 4th accused, even though the specific overt act is alleged against A1 to A3. In the light of the above approach of prosecution witnesses which I referred above from Annexure-B judgment, I am of the view that no purpose would be served even if the trial against the petitioner is allowed to stand. Ignoring the above stand of the prosecution witnesses if the trial is permitted to go on, the net result would be sheer waste of judicial time and abuse of process of the court.
In the result, this Crl.M.C. is disposed of quashing all proceedings pending against the petitioner in C.C.No.224 of 2013 on the file of the court of the Chief Judicial Magistrate, Manjeri.
V.K.MOHANAN, JUDGE
skj
1 issue framed by the court
Whether proceedings against the 4th accused should be quashed given the prosecution witnesses turned hostile in a prior trial and the court cannot conclude any overt act against him.
1 provisions across 1 enactments
JASSIR
THE STATE OF KERALA
V.K.MOHANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
