Allowed

Sudhi v. State of Kerala

Kerala HC9 Jul 2018Crl.MC/3517/2018

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the Criminal Miscellaneous petition and quashed proceedings against the petitioner. The court held that since cognizance could not have been taken on a police report, the same order of discharge for co-accused applies to the petitioner, extinguishing the impediment to future prosecution by competent authority.

What did the court decide?

Criminal M.C. No. 3517 of 2018 allowed; proceedings in S.C.No. 599 of 2018 quashed.

Sudhi Vs State of Kerala — 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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MONDAY, THE 9TH DAY OF JULY 2018 / 18TH ASHADHA, 1940

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Crl.MC.No. 3517 of 2018

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AGAINST THE JUDGMENT IN S.C.NO. 651 of 2009 of ADDL.SESSIONS JUDGE, ALAPPUZHA CRIME NO. 106/2006 OF PULINKUNNU POLICE STATION, ALAPPUZHA

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PETITIONER(S)/ACCUSED NO.1 :-

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SUDHI, AGED 31 YEARS, S/O. MURALEEDHARAN, VELTHARAYIL VEEDU, WARD NO. 6, PUNNAPRA PANCHAYATH, ALAPPUZHA, PIN - 68800.

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BY ADVS.SRI.C.S.MANU SRI.S.K.PREMRAJ

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RESPONDENT(S)/COMPLAINANT & THE INVESTIGATING OFFICER :

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1. STATE OF KERALA,

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REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF

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KERALA, ERNAKULAM, PIN - 682 031.

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2. SUB INSPECTOR OF POLICE,

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PULINKUNNU POLICE STATION, ALAPPUZHA DISTRICT, PIN - 688 502.

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R1 & R2 BY SRI.C.K.SURESH, SR.PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 3517 of 2018 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES :-

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ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT/CHARGE-SHEET IN CRIME NO. 106 OF 2006 OF PULINKUNNU POLICE STATION, ALAPPUZHA DISTRICT, TAKEN ON FILE AS SC NO. 651 OF 2009 AND SPLIT-UP AND RE-REGISTERED AS SC NO. 774 OF 2010 ON THE FILES OF THE ADDITIONAL SESSIONS COURT, ALAPPUZHA AND NOW PENDING AS LP NO. 15 OF 2011.
ANNEXURE A2 TRUE COPY OF THE JUDGMENT DATED 07.10.2011 IN SC NO. 651 OF 2009 AND SPLIT-UP AND RE-REGISTERED AS SC NO. 774 OF 2010 ON THE FILES OF THE ADDITIONAL SESSIONS COURT, ALAPPUZHA.

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RESPONDENT(S)' ANNEXURES :- NIL

//TRUE COPY//

PA TO JUDGE

SMA

K.ABRAHAM MATHEW, J

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

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Crl.M.C. No. 3517 of 2018

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

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Dated this the 09^th day of July, 2018

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O R D E R

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The petitioner was the first accused in S.C.No.651 of 2009 on the file of the Sessions Judge, Alappuzha. He and coaccused allegedly committed the offences under sections 135 (1) (a) of the Electricity Act and sections 511 r/w 379 IPC. As the petitioner was absconding the case against him was split up. It is now pending as S.C.No.599 of 2018. The other accused were discharged by Annexure A2 order for the reason that the court could not have taken cognizance on a police report. The proceedings against the petitioner are also sought to be quashed.

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Heard the learned counsel for the petitioner and

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the learned Public Prosecutor.

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Pursuant to the direction issued by this court the petitioner has surrendered before the court. The co-accused were discharged as cognizance could not have taken on a police report during the relevant period. The same order is applicable to the petitioner also.

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In the result this Crl.M.C is allowed. The

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Crl.M.C. No. 3517 of 2018

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proceedings in S.C.No.599 of 2018 on the file of Sessions Judge, Alappuzha are quashed. It is made clear that there is no impediment for the competent authority to prosecute the petitioner.

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Sd/- K.ABRAHAM MATHEW, JUDGE

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//True Copy//

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PA TO JUDGE

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SMA

Sudhi v. State of Kerala

Case brief

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Sudhi v. State of Kerala

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