In Crl.M.C. Nos. 2869, 2889, 2904, 2905 & 2914 of 2018, Karnataka High Court allowed the petition and quashed proceedings against the petitioner, holding that he was entitled to the same benefit as other acquitted accused who were employees.
Proceedings in C.C.No.202 of 2017, C.C.No.210 of 2017, C.C.No.216 of 2017, C.C.No.05 of 2018 and C.C.No.06 of 2018 are 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 K.ABRAHAM MATHEW
MONDAY, THE 9TH DAY OF JULY 2018 / 18TH ASHADHA, 1940
Crl.MC.No. 2869 of 2018
C.C.NO. 157 OF 2005 RENUMBERED AS C.C.NO.202 OF 2017 OF THE CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM
PETITIONER(S)/2ND ACCUSED :
BIJU, AGED 47 YRS, S/O.ROM RAJU, MULLAKAL HOUSE, HMT COLONY, NORTH PIPE LINE BHAGAM, EDAPPALLY NORTH, KOCHI-682 024.
BY ADV.SRI.B.RAMACHANDRAN
RESPONDENT(S):
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY SR.PUBLIC PROSECUTOR SRI.ALEX M.THOMBRA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-07-2018, ALONG WITH Crl.MC.No. 2889 OF 2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd. 11.07.2018
Crl.MC.No. 2869 of 2018
APPENDIX
PETITIONER(S)' ANNEXURES :
ANNEXURE A1 A CERTIFIED COPY OF CHARGE SHEET DATED ON 18.01.2005.
ANNEXURE A2 A TRUE COPY OF JUDGMENT DATED 07.12.2017 C.C.NO.157/2005.
RESPONDENT(S)' ANNEXURES :
NIL
//TRUE COPY//
P.S.TO JUDGE
Msd.
11.07.2018
K.ABRAHAM MATHEW, J
------------------- - - - - - - - - - - - - - - - - -
Crl.M.C. Nos. 2869, 2889, 2904, 2905 & 2914 of 2018
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 09th day of July, 2018
O R D E R
The petitioner is the second accused in the above cases. He along with three others allegedly committed the offences under section 420 IPC. The allegation is that they made false promise that they would secure a job abroad and collected money from the victims who were induced by the false promise. As the petitioner and the first accused were absconding only accused 2 and 3 were tried by the Chief Judicial Magistrate Court Ernakulam in C.C.No.77 of 2005, C.C.No.148 of 2005, C.C.No.149 of 2005, C.C.No.152 of 2005 and C.C.No.157 of 2005. They were acquitted. The petitioner prays that the proceedings against him may be quashed.
learned Public Prosecutor.
Crl.M.C. Nos. 2869, 2889, 2904, 2905 & 2914 of 2018
2
induced the victims to pay money to secure job abroad. The final report shows that the petitioner was also an employee of the first accused. So the case of the petitioner and the case of the accused 3 and 4 stand on the same footing. The petitioner is also entitled to the same benefit. Proceedings against him are liable to be quashed in the light of the acquittal of the accused 3 and 4.
In the result these Crl.M.C are allowed. The proceedings in C.C.No.202 of 2017, C.C.No.210 of 2017. C.C.No.216 of 2017, C.C.No.05 of 2018 and C.C.No.06 of 2018 on the file of the Chief Judicial Magistrate, Ernakulam are quashed.
Sd/-
K.ABRAHAM MATHEW, JUDGE
//True Copy//
PA TO JUDGE
SMA
1 issue framed by the court
Whether criminal proceedings against the petitioner should be quashed following the acquittal of other accused who stood on the same footing.
BIJU
STATE OF KERALA
K.ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
