High Court dismissed petition for quashing criminal proceedings where victim appeared in court. Trial court directed to continue trial and close proceedings after final report if victim fails to appear.
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 K.ABRAHAM MATHEW
WEDNESDAY, THE 4TH DAY OF APRIL 2018 / 14TH CHAITHRA, 1940
Crl.MC.No. 1475 of 2018
CC.NO.1433/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT,KURUPPUMPADY CRIME NO.92/2012 OF KOTTAPPADY POLICE STATION,ERNAKULAM
---------
PETITIONER(S)/ACCUSED NO.1 & 2
1 VINOD P. GEORGE, AGED 46 YEARS, S/O.A.V.GEORGE, A-13, SUBURBAN HEIGHTS, CUSAT P.O., KALAMASSERY, ERNAKULAM.
2 HARI BALAKRISHNAN, AGED 45 YEARS, S/O.BALAKRISHNAN, THRITELIL HOUSE, MANJAPRA P.O., ERNAKULAM.
BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY SRI.D.FEROZE
RESPONDENT(S)/STATE/COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. (CRIME NO.92/2012 OF KOTTAPPADY POLICE STATION, ERNAKULAM DISTRICT)
2. JAMES JOHN, MANJUMMALKUDIYIL HOUSE, NEDUNGAPRA, HOUSE NO.XI/19, KOTTAPPADI, ERNAKULAM DISTRICT-680505.
R1 BY SENIOR PUBLIC PROSECUTOR SRI.ALEX M.THOMBRA R2 BY ADVS. SRI.R.SREEHARI SRI.SACHIN VYAS
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04-04-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
TS
Crl.MC.No. 1475 of 2018 ()
APPENDIX
PETITIONER(S)'ANNEXURES
ANNEXURE I- TRUE COPY OF THE PROCEEDINGS SHEET IN CC.NO.1433/2014. ANNEXURE II- TRUE COPY OF THE COMPLAINT IN CRIME NO.92/2012 OF KOTTAPADY POLICE STATION.
ANNEXURE III- CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.92/2012 OF KOTTAPADY POLICE STATION.
RESPONDENT(S)'ANNEXURES - NIL
/TRUE COPY/
PS TO JUDGE
TS 05/04/2018
K.ABRAHAM MATHEW, J.
Crl.M.C.No.1475 of 2018
Dated this the 4th day of April, 2018 ORDER
Petitioners are the accused in C.C.No.1433 of 2014 on the file of Judicial First Class Magistrate Court, Kuruppampady. They are alleged to have committed offences under Sections 294(b), 506(i) read with 34 IPC. The 2nd respondent is the victim. He failed to appear in spite of service of summons. The court ordered issuance of non bailable arrest warrant against him. But he is not available. The prayer of the petitioners is to quash the proceedings in the trial court.
Learned counsel for the petitioners submits that Section 294(b) IPC is not attracted on the alleged facts. That may be true. But the plea was already recorded. The 2nd respondent who is the informant victim has not been interested in proceeding with the case. He is now present before the Court. He shall appear before the next posting date if he wants to give evidence, failing which lower court shall close the proceedings and pass
Crl.M.C.No.1475/18
2
appropriate orders. The parties are directed to appear before the trial court on 23.04.2018. The trial court shall post the case to that date. No further notice shall be issued to any of the
parties.
Sd/-
K.ABRAHAM MATHEW, JUDGE. True copy
P.A to Judge
DG
VINOD P. GEORGE
HARI BALAKRISHNAN
STATE OF KERALA
JAMES JOHN
K. ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
