High Court allowed criminal miscellaneous petition quashing proceedings against two petitioners accused of offences under IPC after acquittal of co-accused. Third petitioner's application dismissed due to non-surrender.
Proceedings against petitioners 1 and 2 in S.C. No.883 of 2017 quashed; application against petitioner 3 dismissed.
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 11TH DAY OF JULY 2018 / 20TH ASHADHA, 1940
Crl.MC.No. 3322 of 2018
AGAINST SC 883/2017 of ADDL. SESSIONS COURT - III, MANJERI
CRIME NO. 141/2014 OF VENGARA POLICE STATION, MALAPPURAM
PETITIONERS/ACCUSED NOS.1,3 & 4
1 ASHRAF S/O KUNHIMOIDEEN, KANHIKULAM HOUSE, POTTIPPARA, PARAPPUR AMSOM, MALAPPURAM DISTRICT.
2 SULAIMAN S/O MOIDEENKUTTY, PALAPPUZHAKKAL HOUSE, POTTIPPARA, PARAPPUR AMSOM, MALAPPURAM DISTRICT.
3 ASHRAF
S/O. MOOSA, MACHINCHERRY HOUSE, POTTIPPARA, PARAPPURA AMSOM, MALAPPURAM DISTRICT.
BY ADV.SRI.R.RANJITH (MANJERI)
RESPONDENTS/STATE, DEFACTO COMPLAINANT & INJURED:
1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031-FOR THE SUB INSPECTOR OF POLICE, VENGARA POLICE STATION, MALAPPURAM DISTRICT.
2. SUBRAHMANIAN S/O. CHANDU, AGED 48 YEARS, PATTAYIL HOUSE, POTTIPPARA, PARAPPUR P.O., MALAPPURAM DISTRICT-676 503.
3. ABDUL JABBAR S/O. ALAVI, AGED 34 YEARS, MOORIKKUNNAN HOUSE, POTTIPPARA, PARAPPUR P.O., MALAPPURAM DISTRICT-676 503.
BY SR.PUBLIC PROSECUTOR SRI.C.S.HRITHWIK
R2,3 BY ADV. SRI.A.P.NIDHIN KUMAR R2,R3 BY ADV. SRI. SADANANDAN T.S
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 3322 of 2018 ()
APPENDIX
PETITIONER(S)' EXHIBITS
| ANNEXURE A TRUE COPY OF THE FINAL REPORT IN CRIME NO. 141/2014 OF THE VENGARA POLICE STATION. |
|---|
| ANNEXURE B TRUE COPY OF THE JUDGMENT IN SC NO. 477/2014 BEFORE THE ADDITIONAL SESSIONS JUDGE-III, MANJERI, DATED 20-1-2018. |
| ANNEXURE C TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT FOR QUASHING THE PROCEEDINGS IN SC NO. 883/2017 BEFORE THE ADDITIONAL SESSIONS JUDGE-III, MANJERI, DATED 17-3-2018. |
| ANNEXURE D TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT FOR QUASHING THE PROCEEDINGS IN LP 176/2014 OF JFCM, MALAPPURAM, DATED 17-3-2018. |
| ANNEXURE E TRUE COPY OF THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT FOR QUASHING THE PROCEEDINGS IN SC NO. 883/2017 BEFORE THE ADDITIONAL SESSIONS JUDGE-III, MANJERI, DATED 17-3-2018. |
| ANNEXURE F TRUE COPY OF THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT FOR QUASHING THE PROCEEDINGS IN LP 176/2014 OF JFCM, MALAPPURAM, DATED 17-3-2018. |
RESPONDENTS EXHIBITS:
NIL
/TRUE COPY/
VPS PS TO JUDGE
K.ABRAHAM MATHEW J.
Crl.M.C. No.3322 of 2018
Dated this the 11th day of July, 2018
ORDER
Petitioners were accused Nos.1, 3 and 4 in Crime No.141 of 2014 of Vengara Police Station registered for the offences under Sections 307, 323, 324, 326, 427 and 447 IPC. The case was taken on the file of Additional Sessions Judge-III, Manjeri as S.C. No.477 of 2014 on final report being filed. Only the 2nd accused was available for trial. Others including the petitioners were absconding. The 2nd accused was acquitted by Annexure-B judgment. The case against the 1st petitioner was transferred to the register of long pending cases, the number being L.P. No.176 of 2014. The case against the other petitioners is pending as S.C. No.883 of 2017 on the file of Additional Sessions Judge-III, Manjeri. The petitioners pray that the proceedings as against them may be quashed in the light of acquittal
Crl.M.C. 3322 /18
-:2:-
of the co-accused.
2. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
3. Pursuant to the direction issued by this Court petitioners 1 and 2 surrendered before the court below and deposited the amount covered by the bond executed by them when they were released on bail. The 3 rd petitioner is abroad. He did not surrender. His case cannot be considered in this proceedings.
4. I have perused Annexure-B judgment by which the second accused was acquitted. I am satisfied that no purpose will be served
by the trial of petitioners 1 and 2. So the proceedings as against them will be quashed.
In the result, this Crl.M.C. is allowed in part. The proceedings as against the petitioners 1 and 2 in S.C. No.883 of 2017 on the file
of the Additional Sessions Judge-III, Manjeri are quashed. This Crl.M.C. is dismissed so far as the 3 rd petitioner is concerned. If he files a fresh application it will be entertained only if he complies with
the order passed by this court on 7.6.2018.
Sd/-
K.ABRAHAM MATHEW JUDGE
vps 11/7
/True Copy/ PS to Judge
2 issues framed by the court
Whether criminal proceedings against petitioners should be quashed in light of acquittal of co-accused.
Whether the case is maintainable when a petitioner is absconding and another failed to surrender.
1 provisions across 1 enactments
Ashraf S/o Kunhimoiideen
Ashraf S/o Moosa
Subrahmanian S/o Chandu
Abdul Jabbar S/o Alavi
The State of Kerala
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
