High Court Dismissed a Criminal Miscellaneous Petition seeking to quash criminal proceedings under Section 406 IPC. The Court held that since the trial court had already commenced the trial, the application was mischievous and redundant.
The petition was dismissed in limine without being admitted to files.
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 P.UBAID
WEDNESDAY, THE 9TH DAY OF DECEMBER 2015/18TH AGRAHAYANA, 1937
Crl.MC.No. 1847 of 2015 ()
AGAINST CC 1039/2011 of J.M.F.C.-IV,KOZHIKODE
PETITIONER(S)/ACCUSED NO.1:
----------------------------
P.A ROSHAN MUHAMMED AFSAL AGED 39 YEARS S/O.MUHAMMED AFSAL PUTHIYAVEETIL HOUSE NO.17/5 NR.MANOJ THEATURE CHENTHRAPPINNI P.O.
BY ADVS.SRI.A.N.RAJAN BABU SRI.P.GOPALAKRISHNAN (MVA) SRI.A.R.EASWAR LAL
RESPONDENT(S)/COMPLAINANT:
1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
2. SUB INSPECTOR OF POLICE NADAKKAVU, KOZHIKODE.
3. DR. SUNAINA
R3 BY ADV. SRI.C.P.MOHAMMED NIAS BY ADV. SMT.P.K.SHAKKEELA R1 BY PUBLIC PROSECUTOR SRI.SHEEBA M.T
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1847 of 2015 ()
APPENDIX
PETITIONER(S)' EXHIBITS
| ANNX.A - | A TRUE COPY OF THE ORDER IN OP.747/11 OF FAMILY COURT KOZHIKODE DATED 23-2-12. |
|---|---|
| ANNX.B - | A TRUE COPY OF THE COMPLAINT WITH FIR BEFORE THE JUDICIAL 1ST CLASS MAGISTRATE COURT, KOZHIKODE. |
| ANNX.C - | A TRUE COPY OF THE PETITION IN CMP 3540/14 IN CC 1039/11 IN JUDICIAL MAGISTRATE OF FIRST CLASS IV KOZHIKODE. |
| ANNX.D - | A TRUE COPY OF THE ORDER IN CMP 3540/14 IN CC 1039/11 IN JUDICIAL MAGISTRATE OF FIRST CLASS IV KOZHIKODE. |
| ANNX.E - | A TRUE COPY OF THE DEPOSITION OF PW1 IN CC NO.1039/2011 |
| ANNX.E(A) | - A TYPED COPY OF THE DEPOSITION OF PW1 IN CC NO.1039/2011 |
| ANNX.F - | A TRUE COPY OF THE EMAIL SEND BY 3RD RESPONDENT TO NITESH KALA |
RESPONDENT(S)' EXHIBITS NIL
-----------------------
//TRUE COPY//
P.A TO JUDGE
vdv
P.UBAID, J.
====================== Crl. M.C No.1847 of 2015
========================== Dated this the 9th day of December, 2015
ORDER
Petitioner herein is the first accused in C.C No.1039/2011 of the Judicial First Class Magistrate Court IV, Kozhikode involving the offence under Section 406 of the Indian Penal Code. The dispute is concerning appropriation of the gold ornaments belonging to the petitioner's wife. Their marital relationship stands strained. The petitioner seeks orders on the ground that an original petition brought by his wife for return of gold ornaments stands dismissed. His case is that in view of the dismissal of the original petition claiming the ornaments, the prosecution cannot succeeded in C.C No.1039/2011 wherein appropriation of ornaments in breach trust is alleged.
2
Crl.M.C No.1847/2015
part of the trial. In such a situation, or at such a stage the prosecution can be quashed by this Court under Section 482 of the Code of Criminal Procedure. The petitioner's request was once turned down by this Court. It is not known why he has again brought an application to quash the proceeding. The trial court having commenced the trial, the accused will have to face it, and appropriate decision will have to be taken by the trial court. Whether the prosecution is sustainable or not, or whether the prosecution has evidence to prove the offence alleged, or whether the prosecution cannot continue just for the reason that the original petition stands dismissed, are all matters to be looked into and considered by the trial court. This Court having disposed of the petitioner's application once, with observation that he has to face trial and that the prosecution cannot be quashed when trial has already commenced. The petitioner should not have brought a second application.
In the result, this petition is dismissed in liminae without being admitted to files.
Sd/-
P.UB AID, JUDGE
vdv
1 issue framed by the court
Whether the prosecution can be quashed when the related civil petition for return of gold ornaments was dismissed and trial has already commenced.
P.A ROSHAN MUHAMMED AFSAL AGED 39 YEARS
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
