The High Court of Kerala allowed a petition under Section 482 CrPC to quash criminal proceedings. The court quashed the trial after finding that the acquittal of co-accused in a related judgment shattered the substratum of the case, rendering a trial futile.
All further proceedings against the petitioner in S.C.No.303 of 2014 shall stand 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 RAJA VIJAYARAGHAVAN V
THURSDAY, THE 16TH DAY OF JUNE 2016/26TH JYAISHTA, 1938
Crl.MC.No. 3060 of 2016 ()
SC 303/2014 of SPECIAL COURT (ATROCITIES AGAINST SC/ST), MANJERI
CRIME NO. 36/2008 OF VAZHAKKAD POLICE STATION, MALAPPURAM DISTRICT
PETITIONER/ACCUSED :
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MUNEER @ ABDUL MUNEER
S/O. ISMALUTTY, AGED 32 YEARS, MANGATTUCHALI HOUSE, VAVOOR COLONY ROAD.
BY ADVS.SRI.SOJAN MICHEAL SMT.JENCY MICHEAL
RESPONDENT/STATE & DEFACTO COMPLAINANT:
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1. STATE OF KERALA (SUB INSPECTOR OF POLICE, VAZHAKKAD POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,KOCHI-682031.
2. JASSER,S/O. HUSSAIN, KUNNATHUPEZHUGATTIL HOUSE, CHEEKODE AMSOM, VAVOOR-673640.
R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
Crl.MC.No. 3060 of 2016 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE I: CERTIFIED COPY OF THE F.I.R. DATED 25-01-2008 OF VAZHAKKAD POLICE STATION. ANNEXURE II: CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 36/2008 OF VAZHAKKAD POLICE STATION DATED 30-08-2008. ANNEXURE III: CERTIFIED COPY OF THE DEPOSITIONS OF PW1 IN SC NO. 217/2010. ANNEXURE IV: CERTIFIED COPY OF THE DEPOSITIONS OF PW2 IN SC NO. 217/2010. ANNEXURE V: TRUE COPY OF THE JUDGMENT DATED 03-01-2013 IN SC NO. 217/2010.
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
bp
RAJA VIJAYARAGHAVAN.V., J
Crl.M.C. No. 3060 of 2016
ORDER
1.The petitioner is the sole accused in S.C.No.303 of 2014
on the files of the Special Court SC/ST (POA) cases, Manjeri. The said case has arisen from Crime No.36 of 2008 of Vazhakad Police Station registered for the offences punishable under Sections 143, 147, 18, 323, 324 and 308 read with Section 149 of the IPC.
Crl.M.C. No. 3060 of 2016 -2-
under Section 232 of the Code of Criminal Procedure (hereinafter referred to as the “Code”).
552) a Full Bench of this Court had occasion to hold that though the judgment rendered in the case of a co-accused and the reasoning of the judgment contained therein or
Crl.M.C. No. 3060 of 2016 -3-
appreciation of the evidence therein are not matters to be taken into account for the purpose of granting any relief to quash the proceedings and thus bar the trial itself, a case where the very substratum of the case is lost which may be an exception to this rule.
In the result, this petition is allowed. All further proceedings against the petitioner in S.C.No.303 of 2014 on the files of the Special Court SC/ST (POA) Act cases, Manjeri, shall stand quashed.
Sd/- RAJA VIJAYARAGHAVAN.V., JUDGE
kp/-17.6.16
2 issues framed by the court
Whether the proceedings against the sole accused can be quashed when the substratum of the case is shattered by the acquittal of co-accused.
Whether directing the petitioner to face trial would serve any purpose given the absence of independent prosecution witnesses.
Colour shows how this judgement treated each authority
Moosa v. Sub Inspector of PoliceReferred¶8
Moosa v. Sub Inspector of Police (2006 (1) KLT 552)
2 provisions across 2 enactments
Muneer @ Abdul Muneer
State of Kerala
Raja Vijayaraghavan.V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
