The High Court of Kerala allowed a petition under Section 482 CrPC to quash criminal proceedings pending against the petitioner. The court quashed the trial after finding no purpose served in continuing it following the acquittal of co-accused.
The proceedings in SC No. 727 of 2018 before the Sessions Judge, Alappuzha 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
WEDNESDAY,THE 05TH DAY OF SEPTEMBER 2018 / 14TH BHADRA, 1940
Crl.MC.No. 5028 of 2018
LP 1/2008 OF SESSIONS COURT, ALAPPUZHA
CRIME NO. 190/1995 OF MANNAR POLICE STATION, ALAPPUZHA
PETITIONER/S:
SAJIKUMAR K.K. S/O. LATE KUMARAN, AGED 47 YEARS, KUNNEL HOUSE, MELPADOM P.O., CHENGANNOOR, ALAPPUZHA DISTRICT.
BY ADV. SRI. G. PRIYADARSAN THAMPI
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031. (REPRESENTING STATION HOUSE OFFICER OF MANNAR POLICE STATION, ALAPPUZHA DISTRICT).
OTHER PRESENT:
SRI. C.S.HRITHWIK - SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.09.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 5028 of 2018
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O R D E R
Petition filed under Section 482 Cr.P.C.
2. The petitioner was the fourth accused in Crime No. 190 of 1995 of Mannar Police Station registered for the offences under Sections 307, 324 & 326 and Section 3(1)(x)(xi) and 3(2)(v) of of SC/ST Prevention of Atrocities Act. As the petitioner was absconding, only the others were tried in SC No. 31 of 1998 on the file of the Sessions Judge, Alappuzha. They were acquitted under Section 232 Cr.P.C. Petitioner's case was removed to the Register of Long Pending Cases, the number being LP No.1/2008. He has now surrendered and his case is now pending as SC No. 727 of 2018. The proceedings are sought to be quashed in the light of the acquittal of the co-accused.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. I have perused Annexure A-2 judgment by which the co-accused were acquitted under Section 232 Cr.P.C. and I am satisfied that no purpose will be served by the trial of the petitioner.
In the result, this Crl.M.C. is allowed. The proceedings in SC No. 727 of 2018 on the file of the
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Sessions Judge, Alappuzha are quashed. The learned magistrate may pass appropriate orders for the disposal of the material objects, if any, produced in the case.
Sd/-
K.ABRAHAM MATHEW
JUDGE
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A-1 CERTIFIED COPY OF CHARGE SHEET IN CRIME NO. 190/1995 OF MANNAR POLICE STATION
ANNEXURE A-2 TRUE COPY OF THE JUDGMENT DATED 29/6/2005 IN S.C. NO. 31/1998 OF SESSIONS COURT, ALAPPUZHA
BKA/07.09.2018
1 issue framed by the court
Whether criminal proceedings against a petitioner should be quashed after acquittal of co-accused.
2 provisions across 1 enactments
Sajikumar K.K.
State of Kerala
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
