The High Court of Kerala allowed a criminal misconduct petition seeking quashing of proceedings against an accused in a cheating case. The court held that further trial was futile as the substratum of the case was shattered due to acquittals in related proceedings.
Further proceedings against the petitioner in L.P.C. No. 67 of 2007 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 30TH DAY OF JUNE 2016/9TH ASHADHA, 1938
Crl.MC.No. 4047 of 2016 ()
--------------------------CC 53/2007 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KANNUR CRIME NO. 448/2004 OF VALAPPATANAM POLICE STATION, KANNUR DISTRICT
PETITIONER(S)/ACCUSED NO 2:
V.K.LEKHA SURENDRAN W/O. SURENDRAN, AGED 38 YEARS, SARANYA, NEAR ASHARI COMPANY, CHIRRRAKKAL AMSOM, PUZHATHI DESOM, KANNUR
BY ADV. SRI.K.RAJESH SUKUMARAN
RESPONDENT(S)/DEFACTO COMPLAINANT & STATE:
1. P.V.SREEDHARAN
S/O. KRISHNAN, PUNNOOTIL VEETTIL HOUSE, PAPPINISSERRI AMSOM DESOM, KANNUR 670 561
2. STATE OF KERALA
REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - PIN 682 031
R2 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
Crl.MC.No. 4047 of 2016 ()
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS : NIL.
//TURE COPY//
P.S. TO JUDGE
bp
RAJA VIJAYARAGHAVAN.V, J
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Crl.M.C. No.4047 of 2016
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Dated this the 30th day of June, 2016
O R D E R
1.The petitioner is the accused in L.P.C.No.67 of 2007 on the files of the Judicial Magistrate of 1st Class - II, Kannur. The said case has arisen from Crime No.448 of 2004 of Valapattanam Police Station registered at the instance of the 1st respondent herein alleging offences punishable under Section 420 read with Section 34 of the IPC. After investigation, final report was laid before the jurisdictional Magistrate against the petitioner and two others and case was initially taken cognizance and numbered as C.C.No.281 of 2005.
2.The 1st accused is the husband of the petitioner herein and the 3rd accused is her brother. The third accused alone appeared before the learned Magistrate. Holding that the prosecution had failed to prove its case against him, he
Crl.M.C.4047/2016 2
was acquitted under section 248(1) of the Code of Criminal Procedure.
Crl.M.C.4047/2016 3
evidence has held in Annexure-A3 judgment that the prosecution had failed to adduce any evidence to connect the 3rd accused with the crime. The proceedings against the 1st accused was quashed by Annexure A 5 order.
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4
below. The prospects of conviction is extremely remote owing to the acquittal of the co accused.
In the result this petition is allowed and all further proceedings against the petitioner , who is the accused in L.P.C.No.67 of 2007 on the files of the Judicial Magistrate of
1st Class - II, Kannur, shall stand quashed.
Sd/RAJA VIJAYARAGHAVAN.V. JUDGE
vps
3 issues framed by the court
Whether the proceedings should be quashed given the acquittal of co-accused and settlement between parties.
Whether further trial serves any purpose given the shattering of the case substratum.
Whether the conviction prospects are remote due to acquittal of co-accused.
Colour shows how this judgement treated each authority
Moosa v. Sub Inspector of PoliceReferred¶47
Moosa v. Sub Inspector of Police (2006 (1) KLT 552)
V.K. Lekha Surendran
P.V. Sreedharan
State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
