Single judge quashed proceedings against the 6th accused in a分裂 trial case. Injured persons in the main trial testified they could not identify the culprits. Court held substratum lost and no service gained by continuing prosecution.
Proceedings against the petitioner in C.P No. 50/2015 before Judicial First Class Magistrate, Ottappalam 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 R. NARAYANA PISHARADI
WEDNESDAY, THE 30TH DAY OF OCTOBER 2019 / 8TH KARTHIKA, 1941
Crl.MC.No.5089 OF 2019(E)
AGAINST THE PROCEEDINGS IN CP 50/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, OTTAPPALAM
CRIME NO.981/2014 OF Ottapalam Police Station , Palakkad
PETITIONER/S:
SHAJEER
AGED 33 YEARS S/O.BASHEER, VEENDAMPARA, KONGAD(P.O), PALAKKAD DISTRICT.
BY ADVS. SRI.K.B.ARUNKUMAR SRI.RANJIT BABU
RESPONDENT/S:
OTHER PRESENT:
SRI C S HRITHWIK-SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2
R. NARAYANA PISHARADI, J
Crl.M.C. No. 5089 of 2019
Dated this the 30th day of October, 2019
O R D E R
This is a petition filed under Section 482 Cr.P.C for quashing
the proceedings against the petitioner in the case C.P No.50/2015 on the file of the Court of the Judicial First Class Magistrate, Ottappalam.
4 Heard the learned counsel for the petitioner and the learned Public Prosecutor.
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583/2015. The injured persons had been examined as PW1 to PW3 in the aforesaid case. They had deposed before the trial court that the incident happened during night and they could not identify the culprits who inflicted injuries on them. In other words, they had deposed before the court that they could not identify the persons who committed the offences. It is not a case where they had deposed that they could not identify the accused who had faced trial. The testimony was that they could not identify the culprits. In the aforesaid circumstances, I am of the view that, the substratum of the prosecution case has been lost in view of Annexure-3 judgment in S.C No.583/2015. No useful purpose would be served by continuing the prosecution against the petitioner herein. Therefore, I find that this is a fit case in which the power of this Court under Section 482 Cr.P.C can be invoked to quash the proceedings against the petitioner.
Consequently, the petition is allowed. The proceedings against the petitioner in the case C.P No. 50/2015 on the file of the Court of the Judicial First Class Magistrate, Ottappalam are hereby quashed.
Sd/-
R. NARAYANA PISHARADI
JUDGE
smf
4
APPENDIX
PETITIONER'S/S ANNEXURES:
ANNEXURE 1 THE CERTIFIED COPY OF FIR IN CRIME NO.981/2014 OF OTTAPALAM POLICE STATION ANNEXURE 2 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.981/2014 OF OTTAPALAM POLICE STATION ANNEXURE 3 THE CERTIFIED COPY OF JUDGMENT IN SC NO.583/2015 ON THE FILE OF ADDITIONAL SESSIONS COURT, OTTAPALAM
/ TRUE COPY / C A to Judge
1 issue framed by the court
Whether the proceedings against the petitioner can be quashed under Section 482 Cr.P.C since the substratum of the prosecution case is lost due to acquittal of other accused and inability of injured p
1 provisions across 1 enactments
SHAJEER
THE CIRCLE INSPECTOR OF POLICE, OTTAPALAM POLICE STATION, PALAKKAD DISTRICT
R. NARAYANA PISHARADI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
