Allowed

Mohanan P.R v. State of Kerala

Kerala HC26 Oct 2018Crl.MC/3841/2018

Case brief

AI extract

What is this about?

The High Court of Kerala quashed criminal proceedings against the petitioner, the fourth accused in a caste atrocity case, following the acquittal of his co-accused. The Court, noting the petitioner's prolonged absence causing delay, ordered the quashing on the condition that he deposit Rs. 3000 with the State Mediation Committee.

What did the court decide?

Further proceedings in SC No. 154/2015 of Sessions Court, Alappuzha are quashed on condition that the petitioner deposits Rs. 3,000 with the Kerala State Mediation and Conciliation Committee.

Mohanan P.R Vs State of Kerala — Caste Atrocities | 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 SUNIL THOMAS

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FRIDAY ,THE 26TH DAY OF OCTOBER 2018 / 4TH KARTHIKA, 1940

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Crl.MC.No. 3841 of 2018

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(TO QUASH ANNEXURE-A1 FIR IN FRIME NO.117/2004 DATED 16.11.2004 OF THE VENMONY POLICE STATION, ALAPPUZHA AND ANNEXURE-A2 FINAL REPORT FILED BY THE DEPUTY SUPERINTENDENT OF POLICE, CHENGANNUR BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, CHENGANNUR ON 25.11.2005)

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CRIME NO. 117/2004 OF VENMANI POLICE STATION, ALAPPUZHA

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PETITIONER/4TH ACCUSED:

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MOHANAN P.R, AGED 44 YEARS, S/O. RAGHAVAN, RESIDING AT PULIMUGHATHAYYATHU VEEDU, CHERIYANADU KIZHAKKUM MURI, CHERIYANADU VILLAGE.

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BY ADV. SMT.I.SHEELA DEVI

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RESPONDENT/COMPLAINANT & STATE:

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STATE OF KERALA

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REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031

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BY PUBLIC PROSECUTOR SRI.T.R RENJITH

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 26.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 3841 of 2018

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O R D E R

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The petitioner herein stands arrayed as the fourth accused in Crime No.117/2004 of Venmony Police Station for offences punishable under sections 498A, 315, 506 (II) read with section 34 of the Indian Penal Code and Section 3 (x) (xi) and (xii) of SC/ST (Prevention of Atrocities) Act, 1989.

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2. It was alleged by the defacto complainant that she belongs to the Hindu Cheramar community falling within the Scheduled Caste and the petitioner herein, on the date of incident abused her and called her by caste name, She laid a complaint alleging commission of offences on various dates spanning from 10.10.2004 to 05.11.2004. Pursuant to Ext.P1 complaint, crime was registered and after investigation, charge sheet was filed. Cognizance was taken and the matter was pending

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Crl.MC.No. 3841 of 2018

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as SC.No.338/2006 before the Sessions Court, Alappuzha. Accused 1 to 3, faced the trial. On an evaluation of the materials placed before the court below, it concluded that there was nothing to show that accused had committed any of the offences. Hence they were acquitted. The case against the petitioner herein was split up and is now pending as SC.No.154/2015 of Sessions Court, Alappuzha.

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3. The petitioner now contends that, in the light of the acquittal of the co-accused after trial, the benefit of it should enure to the petitioner herein also. A perusal of AnnexureA3 judgment clearly shows that after a detailed evaluation of the materials on record, the court below concluded that there was no reliable evidence to establish the offences alleged. Hence the co-accused was acquitted. The learned Public Prosecutor on instructions submitted that Annexure-A3 judgment was not challenged in any other proceedings. Having considered these

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Crl.MC.No. 3841 of 2018

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facts and the quality of evidence let in by the prosecution I am inclined to hold that no purpose will be served by prosecuting the petitioner herein. Accordingly, Crl.M.C is liable to be allowed, quashing of further proceedings in SC.No.154/2015 of Sessions Court, Alappuzha.

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4. It is pertinent to note that the crime is of the year 2004. The Sessions case was of the year 2006. The remaining accused were acquitted in the year 2008. Through out the proceedings, the petitioner herein remained absent and did not contest the proceedings. Evidently, he has caused considerable delay in the judicial proceedings by his conduct, I am inclined to allow the Crl.M.C on payment of cost. Accordingly, Crl.M.C will stand allowed and all further proceedings in SC.No.154/2015 of Sessions Court, Alappuzha will stand quashed on condition that the petitioner herein deposits a sum of Rs.3000/- (Rupees three thousand only)

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Crl.MC.No. 3841 of 2018

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within one month from today before the Kerala State Mediation and Conciliation Committee, Ernakulam and on producing receipt before this

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court.

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Sd/-

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SUNIL THOMAS, JUDGE

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R.AV

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//True Copy// PA to Judge

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Crl.MC.No. 3841 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 CERTIFIED COPY OF THE F.I.R. IN CRIME NO. 117/2004 REGISTERED BY VENMONY POLICE STATION DATED 16.11.2004.

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ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 117/2004 DATED 25.11.2005 FILED BY THE DEPUTY SUPERINTENDENT OF POLICE, CHENGANNUR BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, CHENGANNUR

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ANNEXURE A3 TRUE COPY OF THE JUDGMENT DATED 31.07.2008 IN SC NO. 338/2006 OF THE SESSIONS COURT, ALAPPUZHA.

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RESPONDENT'S/S EXHIBITS NIL

Mohanan P.R v. State of Kerala

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Mohanan P.R v. State of Kerala

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