The High Court of Kerala quashed criminal proceedings against a petitioner (23rd accused) in a riot case because the acquittal of his co-accused on grounds of lack of evidence shattered the substratum of the prosecution case.
Crime No.39/2003 and connected proceedings L.P.No.21/2014 standing 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 ALEXANDER THOMAS
THURSDAY, THE 2ND DAY OF JULY 2015/11TH ASHADHA, 1937
Crl.MC.No. 2753 of 2015 ()
--------------------------LP. NO.21/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KOLENCHERRY CRIME NO. 39/2003 OF PUTHENCRUZ POLICE STATION.
PETITIONER/ACCUSED NO 23:
MATHEW, AGED 60 YEARS, S/O.KURIAKOSE, KODUMTHATTEL VEEDU, CHOTTANIKKARA, THIRUVANIYOOR, NOW RESIDING AT CHELADATHIL HOUSE, POOTHRIKKA, AIKKARANADU SOUTH VILLAGE.
BY ADVS.SRI.GEO PAUL, SRI.SANU MATHEW, SRI.RADHIKA RAJASEKHARAN P., SRI.C.R.PRAMOD, SRI.S.ASHOK KUMAR, SRI.JERRY VARGHESE.
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PUTHENCRUZ, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN- 682 031.
BY PUBLIC PROSECUTOR SRI.N. SURESH.
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 02-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
Crl.MC.No. 2753 of 2015
APPENDIX
PETITIONER'S ANNEXURES:-
ANNEXURE A1:CERTIFIED COPY OF THE FINAL REPORT LP NO.21/2014 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KOLENCHERRY. ANNEXURE A2:TRUE COPY OF THE JUDGMENT IN JFCM , KOLENCHERY IN CC. NO.263/2004. ANNEXURE A3:TRUE COPY OF THE JUDGMENT IN CRL. A. NO.333 OF 2013 DTD. 26/06/2014 BY ADDITIONAL SESSIONS COURT, MUVATTUPUZHA.
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
ALEXANDER THOMAS, J.
==================
Crl.M.C.No. 2753 of 2015
==================
Dated this the 2nd day of July, 2015 O R D E R
The petitioner herein is the 23rd accused in Crime No.39/2003
of Puthencruz Police Station, registered for offences punishable under Secs.143, 147, 148, 332, 324 read with Sec.149 of the I.P.C., which led to the institution of C.C.No.263/2004 on the file of the Judicial First Class Magistrate's Court, Kolencherry. A-9, A-20 and A-22 died. The petitioner (A-23), A-8 and A-25 were absconding and the cases against them were split up and refiled. A-1 to A-6, A- 7, A-10 to A-19, A-21, A-24, A-26 to A-29 faced trial. A-7, A-10 to A-19, A-21, A-24, A-26 to A-29 were acquitted as per Anx.A-2 judgment. In appeal, A-1 to A-6 were also acquitted by Anx.A-3 judgment. The case against the petitioner herein is now pending as L.P.No.21/2014 on the file of the Judicial First Class Magistrate's Court, Kolencherry. The petitioner has filed the instant Crl.M.C. with the prayer for quashment of the impugned criminal proceedings pending against him on the ground that the
Crl.M.C.2753/15 - : 2 :-
substratum of the prosecution case has been shattered by the acquittal of the said co-accused persons as per Anxs.A-2 and A-3 judgments.
charges and acquitted the said co-accused. From a mere reading of Anxs.A-2 and A-3 judgments it is crystal clear that the substratum of the prosecution case has been shattered by the acquittal of the said co-accused persons. In this view of the matter, it is ordered in the interest of justice that the impugned Crime No. 39/2003 of Puthencruz Police Station, which has led to the institution of L.P.No.21/2014 on the file of the Judicial First Class Magistrate's Court, Kolencherry, and all further proceedings arising therefrom pending against the petitioner herein stand quashed.
With these observations and directions, the Criminal Miscellaneous Case stands finally disposed of.
Sd/sdk+ ALEXANDER THOMAS, JUDGE ///True copy///
P.S. to Judge
Crl.M.C.2753/15 - : 3 :-
2 issues framed by the court
Whether criminal proceedings should be quashed in view of acquittal of co-accused?
Whether the acquittal of majority co-accused shatters the substratum of the prosecution case against the remaining accused?
Mathew
State of Kerala
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
