Court exercised inherent powers under Section 482 Cr.P.C. to quash trial proceedings where co-accused were acquitted and another accused's case was previously quashed along with allegations against the petitioner.
Crl.M.C. No.3912 of 2018 allowed; Proceedings in S.C. No.884 of 2016 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 16TH DAY OF JULY 2018 / 25TH ASHADHA, 1940
Crl.MC.No. 3912 of 2018
AGAINST THE ORDER/JUDGMENT IN CC 884/2016 of ADDITIONAL SESSIONS COURT (ADHOC)-II, KOLLAM DATED 30-12-0008
CRIME NO. 60/2001 OF ANCHALUMMOODU POLICE STATION , KOLLAM
PETITIONER(S)/ACCUSED:
RAMANAN,
AGED 39 YEARS, S/O.PANKAJAKSHAN, KALLUVETTAMKUZHI VEEDU, PANAYAM VILLAGE, CHITTAYAM, KOLLAM TALUK, KOLLAM.
BY ADVS.SRI.B.DIPU SACH DEEV
SRI.ARUN BABU
RESPONDENT(S)/COMPLAINANT:
1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,
2. THE SUB INSPECTOR OF POLICE, ANCHALUMOODU POLICE STATION, KOLLAM CITY, KOLLAM-691 001.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 1607-2018,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 3912 of 2018 ()
APPENDIX
PETITIONER(S)' EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE CHARGE SHEET ON CRIME NO.60/2001 OF ANCHALUMOODU POLICE STATION
DATED 26.2.01.
ANNEXURE A2 CERTIFIED COPY OF THE JUDGMENT IN SC
NO.1587/2006 ON THE FILES OF THE ADDITIONAL DISTRICT AND SESSIONS COURT, ADHOC-II, KOLLAM DATED 30.1.2008.
ANNEXURE A3 TRUE AND CORRECT COPY OF JUDGMENT IN CRL.M.C.1521/2011 DATED 03.06.2011.
RESPONDENT'S EXHIBITS: NIL
// TRUE COPY//
PA TO JUDGE
K.ABRAHAM MATHEW J.
Crl.M.C. NO.3912 of 2018
Dated this the 16th day of July, 2018
ORDER
Petition filed under Section 482 Cr.P.C.
Crl.M.C. NO.3912 of 2018 2
accused except the petitioner and the 8th accused were acquitted under Section 232 Cr.P.C. I have also perused Annexure-3 order by which the proceedings against the 8th accused were quashed. I am satisfied that the trial of the petitioner will not serve any purpose.
In the result, this Crl.M.C is allowed. The proceedings in S.C. No.884 of 2016 on the file of the Vth Additional Sessions Judge (AdhocII, Kollam are quashed. If any material objects have been produced in this case, the court may pass appropriate orders for their disposal.
Sd/-
K.ABRAHAM MATHEW JUDGE
pm
1 issue framed by the court
Whether the proceedings against the petitioner be quashed in view of acquittal of co-accused and quashing against absconding accused.
1 provisions across 1 enactments
RAMANAN
THE STATE OF KERALA
K.ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
