Allowed

Jishnu.T.K v. State of Kerala

Kerala HC24 Sept 2019Crl.MC/3962/2019

Case brief

AI extract

What is this about?

The Karnataka High Court allowed an application to quash the Final Report and further proceedings against the petitioner. The bench observed that the first accused was acquitted, indicating the prosecution case substratum had been lost and no purpose would be served by continuing the case against the petitioner.

What did the court decide?

Quashing of the Final Report and further proceedings against the petitioner in C.C.No.292/2019.

Jishnu.T.K Vs State of Kerala — Cheating and Forgery | 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 B.SUDHEENDRA KUMAR

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TUESDAY, THE 24TH DAY OF SEPTEMBER 2019 / 2ND ASWINA, 1941

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Crl.MC.No.3962 OF 2019(E)

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AGAINST THE JUDGMENT IN CC 292/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,HOSDRUG

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CRIME NO.1007/2014 OF Chandera Police Station , Kasargod

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PETITIONER/ACCUSED NO.2:

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JISHNU.T.K AGED 25 YEARS S/O. SUJATHA T.K., THUVAKKUTHIRUMMAL, PUTHALOT, KODAKKAD VILLAGE, KASARAGOD DISTRICT

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BY ADVS. SRI.KARTHIK BHAVADASAN SRI.S.VISHNU (TRIPUNITHURA)

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RESPONDENT/RESPONDENT:

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STATE OF KERALA REPRESENTED BY S.H.O.CHANDERA POLICE STATION, (CRIME NO.1007 OF 2014 OF CHANDERA POLICE STATION) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682 031

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SMT.V.SREEJA,PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.3962 OF 2019(E)

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O R D E R

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The petitioner is the accused in C.C.No.292/2019 on the files of the court below. The offences alleged are punishable under Sections 447 and 153 read with Section 34 IPC.

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The petitioner has filed this application praying for quashing the Final Report and further proceedings against the petitioner in the above said case.

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Heard.

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The learned Public Prosecutor has submitted

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that the petitioner has no criminal antecedent. Annexure-II is the judgment of the trial court in C.C.No.249/2015, which would show that the first accused, who faced the trial, was acquitted by the trial court under Section 255(1) Cr.P.C., after the trial. The

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Crl.MC.No.3962 OF 2019(E)

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case against the petitioner was split up and re-filed as C.C.No.292/2019. It appears from Annexure-II that the substratum of the prosecution case had been lost in the trial of the first accused. Therefore, no purpose will be served even if the prosecution against the petitioner is permitted to be continued. In the said circumstances, I am inclined to quash the Final Report and further proceedings against the petitioner in the above said case, in exercise of the inherent power under Section 482 Cr.P.C., to meet the ends of justice. It is ordered accordingly.

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In the result, this Crl.M.C. stands allowed as

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above.

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Sd/-

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B.SUDHEENDRA KUMAR

JUDGE

Nkr/24.09.19

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Crl.MC.No.3962 OF 2019(E)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE-I A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1007 OF 2014 OF CHANDRA POLICE STATION

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ANNEXURE-II A CERTIFIED COPY OF THE JUDGMENT DATED 26.02.2018 IN C.C.249 OF 2015 OF THE JFCM-I COURT, HOSDURG

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RESPONDENTS' EXHIBITS: NIL

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//TRUE COPY//

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P.A. TO JUDGE

Jishnu.T.K v. State of Kerala

Case brief

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Jishnu.T.K v. State of Kerala

Case brief

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