Allowed

Sreekumar v. State of Kerala

Kerala HC8 Aug 2017Crl.MC/4024/2017

Case brief

AI extract

What is this about?

High Court quashed the final report and further proceedings in a criminal case involving Section 498A IPC. The court held that the substratum of the case was lost during the trial of a co-accused who was acquitted, rendering further prosecution futile under Section 482 Cr.P.C.

What did the court decide?

Ordered to quash the final report and further proceedings against the petitioner in L.P.No. 2/2017 in C.C. 342/2014.

Sreekumar Vs State of Kerala — Quashing and FIR | Kerala HC (2017)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

¶4

TUESDAY, THE 8TH DAY OF AUGUST 2017/17TH SRAVANA, 1939

¶5

Crl.MC.No. 4024 of 2017 ()

¶6

LP 2/2017 of JUDICIAL FIRST CLASS MAGISTRATE COURT, TRIPUNITHURA

¶7

CRIME NO. 1039/2009 OF HILL PALACE POLICE STATION, TRIPUNITHURA ERNAKULAM

¶8

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

¶9

PETITIONER(S)/1ST ACCUSED.:

¶10

SREEKUMAR

¶11

AGED 40 YEARS, S/O PARAMESWARAN KURUPPAMKANDATHIL VEEDU, (XIX) UDAYAMPEROOR, MANAKUNNAM VILLAGE, TRIPUNITHURA, ERNAKULAM.

¶12

BY ADV. SRI.M.R.SARIN

¶13

RESPONDENT(S)/STATE:

¶14

1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, TRIPUNITHURA POLICE STATION, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.682031.

¶15

2. SUB INSPECTOR OF POLICE, UDAYAMPEROOR POLICE STATION, REPRESENTED THROUGH THE PUBIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 921.

¶16

Addl*3. PRAVEENA VIJAYAN MADATHEDATH HOUSE, MARADU VILLAGE, ERNAKULAM, PIN: 682304

¶17

ADDL R3 is IMPLEADED AS ADDITIONAL R3 AS PER ORDER DATED 25.07.2017 IN CRL.M.A.NO.7944/2017.

¶18

R1 & R2 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA

¶19

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-08-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶20

Crl.MC.No. 4024 of 2017 ()

¶21

APPENDIX

¶22

PETITIONER(S)' EXHIBITS

¶23

ANNEXURE A1 TRUE COPY OF FIR IN CRIME NO.1039/2009 OF TRIPUNITHURA POLICE STATION. ANNEXURE A2 TRUE COPY OF THE FINAL REPORT IN CRIME NO. 530/2009 OF UDAYAMPEROOR POLICE STATION. ANNEXURE A3 TRUE COPY OF THE JUDGMENT DATED 10.12.2014 ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM.

¶24

RESPONDENT'S EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE

STK

B. SUDHEENDRA KUMAR, J.

¶29

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

¶30

Crl.M.C. No.4024 of 2017

¶31

Dated this the 8^th day of August, 2017

¶32

O R D E R

¶33

The petitioner is the first accused in Crime No.530/2009 of Udayamperoor Police Station registered for the offence under Section 498A r/w Section 34 IPC.

¶34

The above Crl.M.C. has been filed praying for quashing the final report and further proceedings against the petitioner in the above crime on the ground that the substratum of the case had been lost in the trial of the other accused.

¶35

Heard.

¶36

The case against the petitioner is presently pending as L.P.No.2/2017 in C.C.342/2014. Annexure-A3 is the judgment, which would show that the second accused faced trial and he was acquitted by the court under Section 248(1) Cr.P.C.

¶37

I have gone through Annexure-A3. Even the

¶38

Crl.M.C. No.4024 of 2017

¶39

-: 2 :-

¶40

defacto complainant did not support the prosecution case. Having gone through Annexure-A3, I am satisfied that the substratum of the case had been lost in the trial of the second accused and in the said circumstances, no successful prosecution against the petitioner can be sustained and consequently, no purpose will be served even if the prosecution against the petitioner is permitted to be continued. In the said circumstances, I am inclined to quash the final report and further proceedings against the petitioner in L.P.No.2/2017 in C.C.342/2014 on the files of the court below, in exercise of the inherent power under Section 482 Cr.P.C., to meet the ends of justice. Accordingly, I order so.

¶41

In the result, this Crl.M.C. stands allowed.

¶42

Sd/- B. SUDHEENDRA KUMAR, JUDGE

¶43

STK

¶44

//TRUE COPY//

¶45

//P.A. TO JUDGE//

Sreekumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sreekumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shameer Babu Vs the State of Kerala

Subina Maria Vs the State of Kerala

Anilkumar Vs State of Kerala

Dr.Abdul Missiah Vs State of Kerala

Shaiju Vs the State of Kerala

Mohammed Afsal Vs State of Kerala