In an in-camera criminal miscellaneous application, the High Court of Kerala allowed the petitioner's prayer to quash pending proceedings against him as an accused after his co-defendants were acquitted in the same transaction. The court held that further trial would serve no purpose.
Proceedings in S.C.No. 963 of 2018 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 K.ABRAHAM MATHEW
TUESDAY ,THE 11TH DAY OF SEPTEMBER 2018 / 20TH BHADRA, 1940
Crl.MC.No. 5589 of 2018
AGAINST THE JUDGMENT IN SC 1052/2014 of ADDITIONAL SESSIONS JUDGE-V, KOLLAM
CRIME NO. 621/2013 OF Kollam East Police Station , Kollam
PETITIONER/ACCUSED NO.1 :-
CHARLI @ ARUN
AGED 32,S/OJACKSON GOMEZ,JOSEPHINE COTTAGE,THILLERI NAGAR 96,NEAR ST SEBASTIANKURISHADI,UDAYA MARTHANDAPURAM CHERI,THILERI,KOLLAM
BY ADVS. P. VISWANATHAN SHIBU JOSEPH
RESPONDENT/COMPLAINANT :-
STATE OF KERALA REP BY PUBLIC PROSECUTOR ,HIGH COURT OF KERALA,ERNAKULAM KOCHI-682031.
BY SRI.ALEX M THOMBRA, SR.PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.09.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O R D E R
Petitioner was the first accused in Crime
No. 621 of 2013 of Kollam East Police Station. He
and some other accused were absconding. The others were tried in S.C.No. 1052 of 2014 by the Additional
Sessions Judge-V, Kollam. They were acquitted under
Crl.MC.No. 5589 of 2018
2
section 232 Cr.P.C. Later the petitioner was surrendered and his case is now pending as S.C.No. 963 of 2018. His prayer is to quash the proceedings in the light of acquittal of the co-accused. The petitioner and the others allegedly committed the offences under sections 120B, 307, 323, 324 and 341 IPC.
3. Heard the learned counsel for the
petitioner and the learned Public Prosecutor.
4. I have perused the Annexure A3 judgment
by which the accused who were tried were aquitted. 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. 963 of 2018 on the file of the Additional Sessions Judge-V, Kollam are quashed so far as the petitioner is concerned.
Sd/-
K.ABRAHAM MATHEW
JUDGE
SMA
Crl.MC.No. 5589 of 2018
3
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE 1 THE CERTIFIED COPY OF THE F.I.R. IN C.C. NO. 621 OF 2013 OF KOLLAM EAST POLICE STATION. ANNEXURE 2 THE CERTIFIED COPY OF THE FINAL REPORT IN C.C. NO. 621 OF 2013 OF KOLLAM EAST POLICE STATION. ANNEXURE 3 THE CERTIFIED COPY OF THE JUDGEMENT IN SESSIONS CASE NO. 1052 OF 2014 BEFORE THE ADDITIONAL SESSIONS JUDGE, KOLLAM.
RESPONDENT(S)' ANNEXURES :- NIL
//TRUE COPY//
PA TO JUDGE
SMA
1 issue framed by the court
Whether the criminal proceedings against the surrendered accused should be quashed following the acquittal of co-accused.
1 provisions across 1 enactments
CHARLI @ ARUN
STATE OF KERALA
K. ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
