Accused petitioners sought quashing of their trial under Section 482 CrPC after their co-accused were acquitted. The court held that with prosecution witnesses turned adverse and no evidence of worth, the substratum of the case was shattered and trial would serve no purpose.
Cross complaint No.1613 of 2010 and all proceedings pursuant thereto 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
MONDAY, THE 24TH DAY OF OCTOBER 2016/2ND KARTHIKA, 1938
Crl.MC.No. 5595 of 2016 () --------------------------CC 1613/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOLLAM
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PETITIONER(S)/ACCUSED 1 & 6:
1. JOSE S/O HENRY THOMAS, AGED 40 YEARS, JOSE VILLA, NEAR, PUMP HOUSE, VADAKKUMBHAGOM, ERAVIPURAM, KOLLAM.
2. SAJAN S/O. SIMSON, AGED 34 YEARS, ST.GEORGE VILLA, ATINKUZHI, VADAKKUMHAGOM, ERAVIPURAM, KOLLAM.
BY ADVS.SRI.K.SIJU SMT.S.SEETHA
RESPONDENT(S)/COMPLAINANT& STATE:
STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, KOLLAM DISTRICT REP. PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM
BY PUBLIC PROSECUTOR SRI.M.R.DHANIL
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 24-10-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
Crl.MC.No. 5595 of 2016 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE 1: THE COPY OF FIR WITH COMPLAINTIN CRIME NO.1033/2006 OF KOLLAM EAST POLICE STATION ANNEXURE 2: THE COPY OF FINAL REPORT IN CRIME NO.1033/2006 OF KOLLAM EST POLICE STATION ANNEXURE 3: A COPY OF PETITION DATED 31.1.2009 FILED JOINTLY BY ACCUSED 2 TO 5 AND PW1 AND PW2 IN C.C.NO.1775/2007 ANNEXURE 4: THE COPY OF JUDGMENT DATED 18.03.2010 IN C.C.NO.1775/2007 ON THE FILE OF JFMC-II, KOLLAM RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
bp
RAJA VIJAYARAGHAVAN.V, J
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Crl.M.C. No.5595 of 2016
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Dated this the 24th day of October, 2016
O R D E R
2.The petitioners herein are the accused in C.C. No.1613 of 2010 on the file of the Judicial Magistrate of First Class-II, Kollam. This is a split up case from C.C.No.1775 of 2007 on the files of the said Court. As many as six persons were arrayed as accused in the final report. The petitioners had absconded and the case was proceeded against accused Nos.2 to 5. By Annexure-4 judgment dated 18.3.2010, accused Nos.2 to 5 were found not guilty and were acquitted of all charges.
Crl.M.C.5595/2016 2
this petition has been preferred for quashing the proceedings on the ground that the very substratum of the prosecution case has been shattered.
5.The learned counsel relies on the decisions of this Court in Moosa V Sub Inspector of Polic e 2006 (1) KLJ 349, Abbas T.K. V State of Kerala 2013 KHC 336, Jalalu Rajan and Anr V State of Kerala 2013 KHC 177 and Ashraf Kancheriyil V State of Kerala 2011 (2) KHC 812 to contend that the continuance of proceedings against the petitioners would serve no purpose .
Crl.M.C.5595/2016 3
has expressed his reservations in the matter of quashing the proceedings . It is submitted that the invocation of powers under Section 482 of the Code in a case of this nature is not warranted. However, it is submitted that no other cases are reported against the petitioners.
8.I am of the firm view that no purpose is going to be served by directing the petitioners 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 prosecution during the previous trial. This Court will be justified in quashing the proceedings under Section 482 of the Code .
Crl.M.C.5595/2016
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In the result, this petition will stand allowed. Annexure-2 final report and all proceedings pursuant thereto against
the petitioners now pending as C.C. No.1613 of 2010 on the file of the Judicial Magistrate of First Class-II, Kollam
are quashed.
Sd/RAJA VIJAYARAGHAVAN.V. JUDGE
vps
2 issues framed by the court
Whether the proceedings against the petitioners should be quashed under Section 482 of the CrPC in view of the acquittal of their co-accused who bore the main prosecutive burden.
Whether the prospects of conviction are remote given that all prosecution witnesses had turned adverse and no evidence of worth could be adduced.
Colour shows how this judgement treated each authority
Moosa V Sub Inspector of PoliceRelied on¶35
Moosa V Sub Inspector of Police 2006 (1) KLJ 349
Abbas T.K. V State of KeralaRelied on¶35
Abbas T.K. V State of Kerala 2013 KHC 336
Jalalu Rajan and Anr V State of KeralaRelied on¶35
Jalalu Rajan and Anr V State of Kerala 2013 KHC 177
Ashraf Kancheriyil V State of KeralaRelied on¶35
Ashraf Kancheriyil V State of Kerala 2011 (2) KHC 812
1 provisions across 1 enactments
JOSE S/O HENRY THOMAS
SAJAN S/O. SIMSON
STATE OF KERALA
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
