Allowed

Sunil T. v. State of Kerala

Kerala HC11 Mar 2016Crl.MC/1118/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition and quashed criminal proceedings in C.C.No.1963 of 2014. The quashing was based on the absence of a credible prosecution case following the hostility of the defacto complainant (PW1) in a related trial, rendering no possibility of conviction.

What did the court decide?

All further proceedings as against the petitioners in C.C.No.1963 of 2014 of the Judicial First Class Magistrate’s Court-II, Hosdurg, are hereby quashed.

Sunil T. Vs State of Kerala — Quashing and FIR | Kerala HC (2016)

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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 B.KEMAL PASHA

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FRIDAY, THE 11TH DAY OF MARCH 2016/21ST PHALGUNA, 1937

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Crl.MC.No. 1118 of 2016 ()

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CC 704/2013 NOW PENDING AS CC 1963/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT - II,HOSDRUG CRIME NO. 444/2012 OF BEKAL POLICE STATION, KASARGOD

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PETITIONERS/ACCUSED 1 & 2 :

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1. SUNIL T., AGED 24 YEARS, S/O. NARAYANAN, VELUTHOLI, PAKKAM, PANAYAL VILLAGE, KASARAGOD DISTRICT.

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2. RATHEESH M., AGED 25 YEARS, S/O. NARYAANAN, VELUTHOLI, PAKKAM, PANAYAL VILLAGE, KASARAGOD DISTRICT.

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BY ADV. SRI.S.VISHNU (TRIPUNITHURA)

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RESPONDENT/COMPLAINANT :

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1118 of 2016 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE-AI: A TRUE COPY OF THE FIR IN CRIME NO.444/2012 OF BEKAL POLICE STATION, KASARAGOD DISTRICT. ANNEXURE-AII: A TRUE COPY OF THE FINAL REPORT IN CC 1963/2014 OF JFCMC-II, HOSDURG ANNEXURE-AIII: A TRUE COPY OF THE JUDGMENT DATED 27/12/2014 IN CC 704/2013 OF JFCM-II, HOSDURG.

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RESPONDENT(S)' EXHIBITS : NIL.

//TRUE COPY//

P.A. TO JUDGE

B. KEMAL PASHA, J.

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====================

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Crl.M.C.No.1118 of 2016

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==================== Dated this the 11^th day of March, 2016

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O R D E R

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Petitioners are A4 and A5 in Crime No.444 of 2012 of the Bekal Police Station, Kasaragod District. The Final Report in the matter was filed and the case was taken into file as C.C.No.704 of 2013 before the Judicial first Class Magistrate’s Court-II, Hosdurg, for the offences under Sections 143, 147, 148, 448 and 427 IPC read with Section 149 IPC.

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The trial against A1 to A3 was proceeded with in C.C.No.704 of 2013. PW1 defacto complainant in the case turned hostile to the prosecution and did not support the prosecution case. He deposed before the court below that he could not identify any of the persons, who committed the trespass and mischief. Based on that deposition of PW1, the prosecution gave up all the other witnesses. The case

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Crl.M.C.No.1118 of 2016

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-: 2 :-

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against these petitioners was split up and refiled as C.C.No.1963 of 2014 of the court below.

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On hearing either side and on a perusal of the

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records including Annexure-III judgment of the court below in C.C.No.704 of 2013, this Court is satisfied that no purpose would be served in proceeding with the prosecution in C.C.No.1963 of 2014 and there is no possibility of a conviction. Therefore, the proceedings as against the petitioners in C.C.No.1963 of 2014 of the Judicial First Class Magistrate’s Court-II, Hosdurg can be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings as against the petitioners in C.C.No.1963 of 2014 of the Judicial First Class Magistrate’s Court-II, Hosdurg, are hereby quashed.

Sd/-

B. KEMAL PASHA,

JUDGE.

DSV/14/3/16

// True Copy //

P.A. To Judge

Sunil T. v. State of Kerala

Case brief

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Sunil T. v. State of Kerala

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