Dismissed

Sajimon v. Joseph K.A

Kerala HC6 Apr 2018Crl.L.P./222/2018

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a criminal leave petition challenging the discharge of accused persons under Section 244 Cr.P.C. The court held that the Magistrate was justified in discharging the accused as the complainant refused to enter the witness box despite being granted multiple adjournments over two years to adduce evidence. No illegality or irregularity was found.

What did the court decide?

The Criminal Leave Petition was dismissed. The dismissal of the accused persons by the lower court was upheld. No specific relief was granted.

Sajimon Vs Joseph K.A — Criminal Trial and Appeal | Kerala HC (2018)

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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 K.ABRAHAM MATHEW

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FRIDAY, THE 6TH DAY OF APRIL 2018 / 16TH CHAITHRA, 1940

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Crl.L.P..No. 222 of 2018

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----------------------CC 480/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT,PERAMBRA

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PETITIONER/COMPLAINANT :

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SAJIMON, S/O KURIAN, AGED 35 YEARS, PANACHIYUIL HOUSE, ENGAPUZHA P.O. PUTHUPPADY AMSOM, DESOM, KOZHIKODE TALUK, THAMARASSERY VIA.

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BY ADVS.SRI.T.SETHUMADHAVAN (SR.) SRI.K.JAYESH MOHANKUMAR SRI.PUSHPARAJAN KODOTH SRI.C.PRASAD SMT.VANDANA MENON

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RESPONDENTS/ACCUSED AND STATE:

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1. JOSEPH K.A., AGED 61 YEARS, S/O AUGUSTHY, RESIDING AT KARAKKATT, KALLANODE P.O.

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2. P.P.DEVASIA, S/O PAILI, AGED 54 YEARS, PANDARIKUNNEL HOUSE, KODANCHERY AMSOM DESOM, KOZHIKODE TALUK.

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3. ATTIYIL JOHNSON, S/O JOHN, AGED 48 YEARS, KOCRACHUNDU AMSOM DESOM, KOILANDY TALUK.

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4. STATE OF KERALA REPRESENTED BY THE DIRECTOR OF PUBLIC PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM.

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R1 BY ADVS. SRI.K.M.FIROZ SMT.M.SHAJNA

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R4 BY PUBLIC PROSECUTOR SRI. ALEX M. THOMBRA

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THIS CRIMINAL LEAVE PETITION HAVING BEEN FINALLY HEARD ON 06-04-2018 ALONG WITH CRL.M.C.8631/2017 & CRL.L.P.221/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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bp 7.4.2018

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K.ABRAHAM MATHEW J.

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Crl.L.P.No.222 of 2018

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Dated this the 6^th day of April, 2018

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ORDER

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The petitioner was the complainant in C.C.No.480 of 2014 on the file of the Judicial Magistrate of the First Class-I, Perambra. The respondents 1 to 3 were the accused. They allegedly committed the offences under Sections 383, 420, 465 and 467 IPC. The case was posted for enquiry under Section 244 Cr.P.C. The learned Magistrate by the impugned order discharged respondents 1 to 3 observing that in spite of the petitioner being granted several adjournments for adducing evidence he did not adduce any evidence. This is challenged.

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Heard the learned counsel for the petitioner and respondents 1 to 3 and the learned Public Prosecutor.

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It is seen from the impugned order that in two years the petitioner was granted several adjournments to adduce evidence. On some occasions he was present. But he refused to enter the witness box. It became impossible for the court to proceed with the case. The learned Magistrate is fully justified in discharging the accused. I do not find any illegality or irregularity in it.

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This Crl. Leave Petition is dismissed.

Sd/-

K.ABRAHAM MATHEW

JUDGE

cms

/True copy/ P.S.to Judge

Sajimon v. Joseph K.A

Case brief

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Sajimon v. Joseph K.A

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