The High Court of Kerala, Ernakulam, allowed a criminal miscellaneous petition allowing quashing of further criminal proceedings against the petitioner in a trial court pending on an FIR where prosecution witnesses had turned hostile and co-accused were acquitted.
Further proceedings in C.C.No.1166/2016 against the petitioner 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 B.KEMAL PASHA
FRIDAY, THE 2ND DAY OF FEBRUARY 2018 / 13TH MAGHA, 1939
Crl.MC.No. 504 of 2018
CC 1166/2016 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ALUVA CRIME NO. 585/2012 OF ALUVA WEST POLICE STATION (ALANGAD) , ERNAKULAM.
PETITIONER/ACCUSED
K.N. VIPINKUMAR,
AGED 27 YEARS, S/O,. NARAYANAPILLAI, AIKKARA HOUSE, RAJASREE SCHOOL ROAD, KADUNGALLOOR KARA, KADUNGALLOOR VILLAGE, PIN - 683 102.
BY ADVS.SRI.V.N.SUNIL KUMAR SRI.C.PURUSHOTHAMAN PILLAI.
RESPONDENT/STATE
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Hr...
Crl.MC.No. 504 of 2018
APPENDIX
PETITIONER(S)' EXHIBITS
| ANNEXURE A1 |
CERTIFIED COPY OF THE FIR IN CRIME NO. 585/2012 OF ALUVA WEST POLICE STATION DATED 31-08-2012. |
|---|---|
| ANNEXURE A2 |
CERTIFIED COPY OF FINAL REPORT IN CRIME NO.585/2012 SUBMITTED BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT I, ALUVA. |
| ANNEXURE A3 |
CERTIFIED COPY OF JUDGMENT IN CC NO.767/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - I, ALUVA DATED 30-10-2013. |
| ANNEXURE A4 |
CERTIFIED COPY OF DEPOSITION MADE BY PW1 IN CC NO.767/2013 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT - 1, ALUVA. |
| ANNEXURE A5 |
CERTIFIED COPY OF DEPOSITION MADE BY PW2 IN CC NO.767/2013 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT - 1, ALUVA. |
| ANNEXURE A6 |
CERTIFIED COPY OF DEPOSITION MADE BY PW3 IN CC NO.767/2013 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT - 1, ALUVA. |
| ANNEXURE A7 |
CERTIFIED COPY OF DEPOSITION MADE BY PW3 IN CC NO.767/2013 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT - 1, ALUVA. |
RESPONDENT(S)' EXHIBITS
NIL
// TRUE COPY// P.S TO JUDGE.
Hr.....
B. KEMAL PASHA, J.
Crl.M.C.No.504 of 2018
Dated this the 2nd day of February, 2018
O R D E R
The petitioner is the 2nd accused in C.C.No.767/2013 of the Judicial First Class Magistrate's Court-I, Aluva based on Annexure-A2 final report in Crime No.585/2012 of the Aluva West Police Station, for the offences under Sections 143, 147 and 153 read with 149 IPC. All the accused except the petitioner faced trial in C.C.No.767/2013 of the court below. They were acquitted for want of evidence, through AnnexureA3 judgment.
Crl.M.C.No.504 of 2018 2
West Police Station as against the petitioner herein are liable to be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings as against the petitioner in C.C.No.767/2013 of the Judicial First Class Magistrate's Court-I, Aluva based on Annexure-A2 final report in Crime No.585/2012 of the Aluva West Police Station are hereby quashed.
Sd/-
B. KEMAL PASHA, JUDGE.
sd
True Copy P.A. to Judge
The lower court case number, “C.C.No.767/2013 of Judicial First Class Magistrate's Court-I, Aluva” occurring in the 2nd and 3rd lines of the operative portion of the final order dated 02/02/2018 in Crl.M.C.No.504/2018 is corrected and substituted as “C.C.No.1166/2016 of Judicial First Class Magistrate's Court-II, Aluva” as per order dated 27/02/2018 in Crl.M.A.No.1967/2018 in Crl.M.C.No.504/2018.
Registrar(Judicial)
2 issues framed by the court
whether further proceedings in the pending criminal trial against the accused should be quashed due to hostile witnesses and acquittal of co-accused.
whether proceeding with the trial would serve any purpose or result in wastage of time.
K.N. VIPINKUMAR
STATE OF KERALA
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
