The High Court of Kerala allowed a petition filed under Section 482 CrPC seeking to quash criminal proceedings against the petitioner. Held that the acquisition of co-accused shattered the case substratum, making continuation of trial futile.
Proceedings under L.P. No.24 of 2014 and all pending proceedings against the petitioner were 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
TUESDAY, THE 13TH DAY OF DECEMBER 2016/22ND AGRAHAYANA, 1938
Crl.MC.No. 5504 of 2016 ()
AGAINST LPC 24/2014 of C.J.M.,KOZHIKODE CRIME NO. 255/2006 OF KASABA POLICE STATION, KOZHIKODE
PETITIONER/ACCUSED NO.2:
SREEKUMAR C.K S/O. BALAMANI, AGED 35 YEARS, BUSINESS, RESIDING AT C.K. HOUSE, ANNUR P.O., PAYYANUR, KANNUR- 670 307.
BY ADV. SRI.MAHESH V RAMAKRISHNAN
RESPONDENTS/DEFACSTO COMPLAINT (CW1), CW2, CW3 & STATE.:
1. T.P.IBRAHIMKUTTY S/O NURUDDIN, AGED 76 YEARS, GREEN VILLA, ARAKKINAR, NADUVATTOM, KOZHIKODE, PIN- 673028.
2. SIR. T.P. ABDULLAKUTTY, S/O. K.V.NURUDDIN, THAYYILAKKANDI HOUSE, PALLIVALAPPIL, OLD MUNCIPPAL OFFICE ROAD, P.O. PONNAI, MALAPPURAM- 679 576.
3. K.V. ANSARBI,
4. STATE OF KERALA
BY PUBLIC PROSECUTOR SRI.M.R.DHANIL
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 1312-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 5504 of 2016 ()
APPENDIX
PETITIONER(S)' ANNEXURES
| -------- ANNEXURE |
------ A1 |
--------- CERTIFIED COPY OF THE FIRST INFORMATION REPORT DATED 01.08.2006 IN CRIME NO. 255/2006 OF THE KOZHIKODE KASABA POLICE STATION. |
|---|---|---|
| ANNEXURE | A2 | CERTITIED COPY OF THE CHARGE DATED 28.03.2008 L.P. 24 OF 2014 OF THE CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE. |
| ANNEXURE | A3 | TRUE COPY OF THE ORDER DATED 30.10.2014 IN C.C. NO. 66 OF 2008 OF THE C.J.M., KOZHIKODE. |
| ANNEXURE | A4 | TRUE COPY OF THE DEPOSITION OF PW1. |
| ANNEXURE | A5 | TRUE COPIES OF THE DEPOSITION OF PW2. |
| ANNEXUER | A6 | TRUE COPY OF THE DEPOSITION OF PW3. |
RESPONDENT(S)' ANNEXURES
NIL
/TRUE COPY/
VPS PS TO JUDGE
RAJA VIJAYARAGHAVAN, V., J.
Crl.M.C. No. 5504 of 2016
Dated this the 13th day of December, 2016
O R D E R
~~~~~~~~
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and was acquitted of all charges. The case against the petitioner and the 2nd accused were split up and re-filed.
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through Annexure-A2 final report as well as Annexure-A3 judgment and Annexure-A4 deposition. The learned Magistrate after meticulous analysis of the evidence came to the conclusion that the evidence let in by PWs 1 to 3 did not bring home the allegations levelled in the final report. As held by a three Judge Bench of this Court in Moosa (supra) though the reasoning of the judgment contained or appreciation of evidence in the case of a coaccused therein are not grounds to attract any relief under Section 482 of the Code of Criminal Procedure, a case where the substratum of the case is lost is an exception to the above rule.
8.I am of the firm view that no purpose is going to be served by directing the petitioner to face the trial at this stage. It can only be a futile exercise and will only serve to waste precious judicial time which can be used for more productive work. The prospects of conviction is extremely remote as no evidence of worth could be adduced by the
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4
prosecution during the previous trial. This Court will be justified in quashing the proceedings under Section 482 of the Code.
In the result, this petition is allowed. Annexure-A2 final report and all proceedings pursuant thereto against the petitioner now pending as L.P. No.24 of 2014 on the file of the Chief Judicial Magistrate, Kozhikode are quashed.
Sd/-
RAJA VIJAYARAGHAVAN, V. JUDGE
vps
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3 issues framed by the court
Whether quashing of criminal proceedings under Section 482 CrPC is justified when the acquittal of co-accused shatters the substratum of the case.
Whether continuation of trial against the petitioner amounts to a futile exercise wasting judicial time.
If the evidence obtained in a previous trial does not support charges, can proceedings be quashed under Section 482.
Colour shows how this judgement treated each authority
Moosa V Sub Inspector of PoliceReferred¶40
Moosa V Sub Inspector of Police [2006 (1) KLJ 349]
Abbas T.K. V State of KeralaReferred¶40
Abbas T.K. V State of Kerala [2013 KHC 336]
Jalalu Rajan and Anr V State of KeralaReferred¶40
Jalalu Rajan and Anr V State of Kerala [2013 KHC 177]
Ashraf Kancheriyil V State of KeralaReferred¶40
Ashraf Kancheriyil V State of Kerala [2011 (2) KHC 812]
1 provisions across 1 enactments
SREEKUMAR C.K
T.P.IBRAHIMKUTTY
SIR. T.P. ABDULLAKUTTY
K.V. ANSARBI
STATE
RAJA VIJAYARAGHAVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
