Quashed

Saju v. the Circle Inspector of Police

Kerala HC21 Nov 2019Crl.MC/4674/2019

Case brief

AI extract

What is this about?

This Court quashed criminal proceedings against the 3rd and 4th accused in a non-bailable offence case. Relying on a previous order in the same case quashing proceedings against the 2nd accused, the Court held that since the prosecution had no case against them for prostitution or prohibited acts, no offence was attracted, and further trial was a futile exercise.

What did the court decide?

The impugned criminal proceedings in C.C. No. 489/2010 were quashed to the extent directed against the petitioners (3rd and 4th accused).

Saju Vs the Circle Inspector of Police — 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 ALEXANDER THOMAS

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THURSDAY, THE 21ST DAY OF NOVEMBER 2019 / 30TH KARTHIKA, 1941

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Crl.MC.No.4674 OF 2019(D)

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AGAINST CC 489/2010 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,NEDUMANGAD

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CRIME NO.641/2009 OF Venjaramoodu Police Station , Thiruvananthapuram

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PETITIONERS/3RD AND 4TH ACCUSED:

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1 SAJU

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AGED 34 YEARS

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S/O. ALOSHIAS, TINTO BHAVAN, CHEMANTHUR, PUNALUR, KOLLAM-691305.

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2 TINTO, AGED 31 YEARS S/O. ALOSHIAS, TINTO BHAVAN, CHEMANTHUR, PUNALUR, KOLLAM-691305.

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BY ADV. SRI.V.A.VINOD

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RESPONDENT/COMPLAINANT/STATE:

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1 THE CIRCLE INSPECTOR OF POLICE VENJARAMOODU POLICE STATION, THIRUVANANTHAPURAM-695541.

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

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OTHER PRESENT:

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SRI.SANTHOSH PETER, PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.4674/2019

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ALEXANDER THOMAS, J.

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Crl.M.C.No.4674 of 2019

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Dated this the 21^st day of November, 2019

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ORDER

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The facts projected in this Crl.M.C. filed under Section 482 Cr.P.C. are as follows:- The petitioners herein are arrayed as 3^rd and 4^th accused in Crime No.63/2012 of Crime No.641/2009 of Venjaramoodu Police Station, registered for the alleged commission of the offences punishable under Section 5 of Immoral Traffic (Prevention) Act, 1956 and Sections 184, 185, 188, 132 r/w. 179 of Motor Vehicles Act. After the investigation, the police filed a Final Report against the petitioners and other accused persons before the Judicial First Class Magistrate Court-I, Nedumangad and the same was taken on file as C.C. No.489/2010. The allegation against the petitioners herein and other accused persons are that on 25.10.2009 the 1^st accused invited one Anithakumari for the purpose of prostitution and took her in a car in which the petitioners also travelled. It is further alleged that the accused persons consumed alcohol in the car on the way and when the police official gave signal to stop the car, the driver did not stop the car as the other persons prompted not to stop and thereby committed the above offence. None of the offence alleged in the Final Report will be attracted as against the petitioners as there is no

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Crl.M.C.No.4674/2019

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allegations as against the petitioners herein. The 2^nd accused has already approached this Court by filing Crl.M.C. No.6986/2018 and this Court has allowed the same and quashed all further proceedings as against the 2^nd accused. Even if an elaborate trial is conducted, no purpose would be served, and that it would only be a futile exercise and sheer wastage of judicious time, it is urged. It is in the light of these factual averments, the petitioners have filed the instant Criminal Miscellaneous Case with the following prayer:-

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“....humbly prayed that the proceedings as against the petitioner in C.C.No.489/2010 on the files of Judicial First Class Magistrate Court-I, Nedumangad in Crime No.641/2009 of Venjaramoodu Police Station, Thiruvananthapuram may be quashed in the interest of justice.”

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Heard Sri. V.A. Vinod, learned counsel appearing for the petitioners (A3 and A4) and Sri. Santhosh Peter, learned Public Prosecutor appearing for the respondents. It is seen that the allegations raised against the petitioners (A3 and A4) are almost identical to those raised as against A2 in the very same case. This Court, as per AnnexureIII order dated 8.11.2018 in Crl.M.C. No.6986/2018 filed by accused No.2 in the very same case, had already quashed the impugned criminal proceedings to the extent it is directed against the 2^nd accused etc. The said Anenxure-III order reads as follows:-

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“Petitioner is the second accused in C.C.No.489 of 2010 on the file of the Judicial Magistrate of First Class-I, Nedumangad. He is alleged to have committed the offences under Section 5 of the Immoral Traffic (Prevention) Act, 1956 and Sections 184, 185, 188 and 132

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Crl.M.C.No.4674/2019

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r/w Section 179 of the Motor Vehicles Act, 1988. The allegation is that the first accused procured a woman for the purpose of prostitution and he took her in a car and in the car the petitioner and the other accused were present. On the way the accused consumed alcohol. When the police officer gave signal to stop the car, the petitioners and the other accused prompted the driver not to stop the car. The proceedings are sought to be quashed on the ground that the facts of the case do not attract any offence so far as the petitioner is concerned.

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2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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3. The prosecution has no case that the petitioner procured the woman for prostitution or did any act prohibited by the Immoral Traffic (Prevention) Act, 1956. He happened to travel in the car along with the first accused, who allegedly procured the woman. In the absence of any allegation against the petitioner the proceedings against him are liable to be quashed.

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In the result, this Crl.M.C. Is allowed. The proceedings in C.C.No.489 of 2010 on the file of the Judicial Magistrate of First Class-I, Nedumangad are quashed so far as the petitioner is concerned.”

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In the instant case also as similar accusation has been made as against

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the present petitioners herein (A3 and A4) and as the prosecution does not have any case that the petitioners have procured the woman for prostitution or had done any act prohibited by the Immoral Traffic (Prevention) Act, 1956, the petitioners are entitled to succeed in that plea and they are entitled to get an order in the nature of Annexure-III order, which has already been passed by this court in the case of similarly situated accused No.2 in the very same case. In the result, it is ordered that the impugned criminal proceedings in C.C.No.489/2010 on the file of the Judicial First Class Magistrate Court No.I, Nedumangadu to the extent it is directed as against the petitioners herein (A3 and A4) will

Crl.M.C.No.4674/2019

stand quashed.

The Registry will forward a copy of this order to the Judicial First Class Magistrate Court-I, Nedumangad, for necessary information and further action.

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With these observations and directions, the above Crl.M.C. will stand disposed of.

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sd/-

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ALEXANDER THOMAS, JUDGE.

acd

Crl.M.C.No.4674/2019

APPENDIX

PETITIONER'S/S EXHIBITS:

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ANNEXURE P1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.641/2009 OF VENJARAMOODU POLICE STATION. ANNEXURE II CERTIFIED COPY OF THE FINAL REPORT IN CC NO. 489/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, NEDUMANGAD. ANNEXURE III TRUE COPY OF THE ORDER IN CRL.M.C. NO.6986/2018 DATED 08.11.2018.

Saju v. the Circle Inspector of Police

Case brief

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Saju v. the Circle Inspector of Police

Case brief

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