Petitioner challenged prosecution split from earlier case where other accused were acquitted due to hostile witnesses from an out-of-court settlement. Court quashed proceedings as case substratum lost.
Quashing of prosecution against petitioner in C.C.No.1714/2008 before Judicial First Class Magistrate Court, Adoor.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.UBAID
FRIDAY, THE 15TH DAY OF MAY 2015/25TH VAISAKHA, 1937
Crl.MC.No.1518 of 2015
CRIME NO.350/2004 OF PANDALAM POLICE STATION,PATHANAMTITTA. C.C.NO.1714/2008 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT,ADOOR.
PETITIONER:
VISHWAMBHARAN,AGED 51 YEARS, S/O.JANAKI ANMMAL,CHARUVKALAYIL VEETTIL, MEZHUVELI,IIAVUMTHITTA,NEDUMPARA, KALLURUTTI P.O.,ARYANKAVU.
BY ADVS.SRI.K.B.PRADEEP SRI.ASHOK SURESH
RESPONDENT:
THE STATE OF KERALA, REPRESNETED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,PIN - 682 031.
BY PUBLIC PROSECUTOR SRI.C.K.JAYAKUMAR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No.1518 of 2015
APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE I:TRUE COPY OF THE FIR AND CHARGE LAID BY PANDALAM POLICE IN CC.NO.1714/08 IN THE FILE OF JFCMC, ADOOR.
ANNEXURE II:TRUE COPY OF THE JUDGMENT IN CC NO.592/2005 ON THE FILE OF JFCMC, ADOOR.
RESPONDENT'S ANNEXURES:
NIL
//TRUE COPY//
P.S. TO JUDGE
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P. UBAID, J.
Crl.M.C.No.1518 of 2015
Dated this the 15th day of May, 2015
The petitioner herein is the original second accused in C.C.592/2005 of the Judicial First Class Magistrate Court, Adoor. The offences involved in this case are under Sections 143, 147, 148, 149, 506(ii), 447 and 188 IPC. The original accused Nos.1 and 3 faced trial before the trial court and obtained a judgment of acquittal on 31.12.2008, when all the material witnesses turned hostile to the prosecution in view of an amicable settlement made by the parties out of court. The prosecution examined two witnesses in the said case and also marked Exts.P1. None of the material witnesses examined in the case supported the prosecution. In such a circumstance, examination of the others was dispensed with, and evidence was closed by the trial court. In the absence of any evidence or incriminating circumstance, the learned Magistrate acquitted the accused Nos. 1 and 3. The case against the petitioner herein was split up and refiled as C.C.No.1714/2008. The petitioner now seeks orders quashing the
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Crl.M.C.. No. 1518/2015
prosecution as against him on the ground that the very substratum of the prosecution case is totally lost by the acquittal of the others, and continuance of prosecution against him will not serve any purpose. Annexure - 2 judgment in C.C.592/2005 shows that all the material witnesses examined by the prosecution in the said case turned hostile in view of an amicable settlement made by the parties out of court. In such a situation, it is quite definite that the prosecution cannot in any manner improve the case and the witnesses also cannot in any manner help the prosecution, if the case against the petitioner goes to trial. In short, such proceeding will be a sheer waste of time.
In the result, this petition is allowed. The prosecution against the petitioner in C.C.No.1714/2008 of before the Judicial First Class Magistrate Court, Adoor will stand quashed under Section 482 of the Code of Criminal Procedure.
Sd/-
P. UBAID, JUDGE
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2 issues framed by the court
Whether the prosecution against the petitioner can be quashed given that material witnesses turned hostile and other accused were acquitted based on an amicable settlement.
Whether continuation of proceedings against the petitioner would serve no purpose as the substratum of the case is lost.
Vishwambharan
The State of Kerala
P. Ubaid
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
