Allowed

Vidhin.K. v. State of Kerala

Kerala HC15 Mar 2019Crl.MC/1576/2019

Case brief

AI extract

What is this about?

The Kerala High Court quashed criminal proceedings against the petitioner under Section 482 CrPC. Relying on precedent, the court held that since all co-accused were acquitted and no evidence of worth was adduced, the substratum of the case was lost and continuing the trial against the petitioner would serve no purpose.

What did the court decide?

Proceedings against the petitioner in C.C.No.748 of 2018 are quashed.

Vidhin.K. Vs State of Kerala — Quashing and FIR | Kerala HC (2019)

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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 RAJA VIJAYARAGHAVAN V

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FRIDAY, THE 15TH DAY OF MARCH 2019 / 24TH PHALGUNA, 1940

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Crl.MC.No. 1576 of 2019

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IN CC NO.748/2018 ON THE FILES OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE, THALASSERY

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CRIME NO. 590/2014 OF EDAKKAD POLICE STATION, KANNUR

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PETITIONER/ACCUSED NO.1:

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VIDHIN K., AGED 25 YEARS, (PERSON WITH PSYCHOSIS) S/O.CHANDRAN, MANAYILVALAPPIL HOUSE, KUNHIMANGALAM.P.O, KANNUR DISTRICT, REPRESENTED BY HIS UNCLE KRISHNAN.K, S/O.KANNAN, KOTTARATHIL HOUSE, VAYALAPRA, PAYYANGADI.P.O, KANNUR DISTRICT.

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BY ADVS. SRI.I.V.PRAMOD SRI.K.V.SASIDHARAN

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RESPONDENT/COMPLAINANT/STATE:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM KOCHI-682031.

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BY PUBLIC PROSECUTOR SRI.AJITH MURALI

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1576 of 2019

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ORDER

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This petition is filed under Section 482 of the Cr.P.C.

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The petitioner herein is the accused in C.C.No.748 of 2018 on the file of the Addl. Chief Judicial Magistrate Court, Thalassery. The aforesaid case has originated from Crime No.590 of 2014 registered at the Edakkad Police Station under Sections 143, 147, 148 and 332 read with Section 149 of the IPC.

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The investigation in the aforesaid crime was completed and final report was laid before the learned Magistrate. Out of the 16 persons named in the final report, the petitioner was the 15^th accused. As the petitioner did not appear before the court below, the case against him was split up and the trial was proceeded with against the rest of the accused. The learned Magistrate by Annexure-A3 judgment dated 30.06.2018, found the accused Nos. 1 to 14 and 16 not guilty of the offence and they were acquitted of all charges.

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Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

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The learned counsel appearing for the petitioner, relying on the decisions of this Court in Moosa v. Sub Inspector of Police

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Crl.MC.No. 1576 of 2019

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[2006 (1) KLJ 349], Abbas T.K. v. State of Kerala [2013 KHC 336] , Jalalu Rajan and Anr. v. State of Kerala [2013 KHC 177] and Ashraf Kancheriyil v. State of Kerala [2011 (2) KHC 812] would submit that the continuance of proceedings against the petitioner would serve no purpose.

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The learned Public Prosecutor by order dated 8.3.2019 was directed to get instructions as to whether any appeal has been preferred against the judgment rendered by the trial court. It is submitted that no appeal has been preferred till date.

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I have gone through Annexure-A1 final report as well as Annexure-A3 judgment of acquittal rendered by the court below. In paragraph 11 of the judgment, the trial court, after meticulous consideration of the evidence, has held that the prosecution has failed to prove the commission of offence by any of the accused. It was held that the evidence adduced before the court below did not show the definite role of any of the accused. All the accused except the petitioner has been acquitted under Section 248(1) of the Cr.P.C.

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As held by a three Judge Bench of this Court in Moosa v. Sub Inspector of Police (2006 (1) KLT 552), though the reasoning

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of the judgment contained or appreciation of evidence in the case of a

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Crl.MC.No. 1576 of 2019

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co-accused therein are not grounds to attract any relief under Section 482 of the Code of Criminal Procedure, a case where the substratum of the case is lost is an exception to the above rule.

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I am of the firm view that no purpose is going to be served by

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directing the petitioner to face the trial at this stage. It can only be a futile exercise and will only serve to waste precious judicial time which can be used for more productive work. The prospects of conviction is extremely bleak as no evidence of worth could be adduced by the prosecution during the previous trial. This Court will be justified in quashing the proceedings under Section 482 of the Code.

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In the result, this petition is allowed. Annexure-A1 final report and all proceedings pursuant thereto against the petitioner now pending as C.C.No.748 of 2018 on the file of the Addl. Chief Judicial Magistrate Court, Thalassery are quashed.

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SD/-

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RAJA VIJAYARAGHAVAN V., JUDGE

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//TRUE COPY// P.A. TO JUDGE

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avs

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