Allowed

Mabin Mathew @ Babu v. State of Kerala

Kerala HC1 Dec 2016Crl.MC/7189/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition under Section 482 CrPC. Relying on prior decisions, the Court quashed criminal proceedings against the 6th accused who had absconded, noting that the prosecution failed to establish its case in the previous trial and subsequent acquittals of others rendered the trial futile.

What did the court decide?

The petition was allowed and the proceedings against the petitioner as C.C.No.1332 of 2015 were quashed.

Mabin Mathew @ Babu 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 RAJA VIJAYARAGHAVAN V

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THURSDAY, THE 1ST DAY OF DECEMBER 2016/10TH AGRAHAYANA, 1938

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Crl.MC.No. 7189 of 2016 ()

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AGAINST CC 1332/2015 of J.F.C.M,AMBALAPUZHA CRIME NO. 138/2012 OF EDATHUA POLICE STATION, ALAPPUZHA

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PETITIONER/6TH ACCUSED

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MABIN MATHEW @ BABU S/O. MATHEW, AGED 27 YEARS, KOTTANKARA VEEDU, EDATHWA PANCHAYATH, PACHA MURI, EDATHWA VILLAGE, ALAPPUZHA DISTRICT.

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BY ADV. SRI.A.KRISHNAN

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RESPONDENT:

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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.

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2. TINOY THOMAS S/O. A.O.THOMAS, AASAMPARAMBIL VEEDU, WARD NO.II, MARIYAPURAM MURI, EDATHWA PANCHAYATH, ALAPPUZHA DISTRICT-689573.

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3. ROJIMON THOMAS @ ROJI S/O. THANKACHAN, VALLOMPARAMBIL, KOYILMUKKU SOUTH MURI, EDATHWA VILLAGE, EDATHWA PANCHAYATH, ALAPPUZHA DISTRICT-689573.

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4. CHERIAN JOSEPH @ ROJI S/O. OUSEPH PATHROS, KADAMATT THUNDIPARAMBIL, KOYILMUKKU SOUTH MURI, EDATHWA VILLAGE, EDATHWA PANCHAYATH, ALAPPUZHA DISTRICT-689573.

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BY PUBLIC PROSECUTOR SRI.T.R.RENJITH

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 0112-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 7189 of 2016 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE A CERTIFIED COPY OF THE FIR DATED 12-04-12 IN CRIME NO. 138 OF 2012 OF EDATHWA POLICE STATION. ANNEXURE B CERTIFIED COPY OF THE FINAL REPORT DATED 12-04-12, IN ABOVE CRIME.

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ANNEXURE C TRUE COPY OF THE JUDGMENT OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE, AMBALAPPUZHA IN C.C.NO.3126 OF 2012 DATED 20-05-2015.

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ANNEXURE D TRUE COPY OF THE ORDER DATED 06-04-16 OF THIS HON'BLE CORUT IN CRL.M.C.NO. 1901 OF 2016.

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RESPONDENT(S)' ANNEXURES

NIL

/TRUE COPY/

VPS PS TO JUDGE

RAJA VIJAYARAGHAVAN.V, J

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----------------------------------------

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Crl.M.C. No.7189 of 2016

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-----------------------------------------

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Dated this the 1^st day of December, 2016

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O R D E R

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1.The instant petition is filed under Section 482 of the Code of Criminal Procedure.

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2.The petitioner is the 6^th accused in C.C.No.1332 of 2015 on the file of the Judicial Magistrate of First Class, Ambalappuzha. The aforesaid case has originated from Crime No.138 of 2012 of Edathwa Police Station alleging offences punishable under Sections 143, 147, 148, 149, 324 & 323 of the IPC.

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3.Final report was laid arraying as many as seven persons as accused, the petitioner being the 6^th accused. The petitioner absconded and was not available for trial. Case against accused Nos. 1 to 3 and 5 were proceeded with

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Crl.M.C. 7189/2016 2

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and by Annexure-C judgment dated 20.5.2015, they were found not guilty of the offence and were acquitted of all charges. Subsequent to the acquittal of the other accused, the 4^th accused approached this Court seeking to quash the proceedings and by Annexure-D order in Crl.M.C. No.1901 of 2016 the proceedings against him was quashed.

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4.It is in the above backdrop that this petition is preferred seeking to quash the proceedings on the ground that the substratum of the case as against the petitioner has been shattered.

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5.Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

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6.The learned Counsel appearing for the petitioner, relying 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

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Crl.M.C. 7189/2016 3

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of Kerala [2013 KHC 177] and Ashraf Kancheriyil V State of Kerala [2011 (2) KHC 812] would submit that the continuance of proceedings against the petitioner would serve no purpose.

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7.I have gone through Annexure-B final report as well as Annexure-C judgment of acquittal rendered by the court below and Annexure-D order of this Court. It is borne out that the prosecution had failed to establish its case and no evidence worth the name was adduced to bring home the finding of guilt. Further more, the proceedings against the 4^th accused was quashed by this Court in Crl.M.C. No.1901 of 2016.

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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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Crl.M.C. 7189/2016

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prosecution during the previous trial. This Court will be justified in quashing the proceedings under Section 482 of the Code.

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In the result, this petition is allowed. Annexure-B final report and all proceedings pursuant thereto against the petitioner now pending as C.C.No.1332 of 2015 on the file of the Judicial Magistrate of First Class, Ambalappuzha are quashed.

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Sd/RAJA VIJAYARAGHAVAN.V. JUDGE

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vps

Mabin Mathew @ Babu v. State of Kerala

Case brief

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Mabin Mathew @ Babu v. State of Kerala

Case brief

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