Criminal Misc. case filed to quash proceedings against the petitioner. The court allowed the petition finding that the dispute was settled and other accused were acquitted, making the substratum of prosecution lost.
The entire proceedings against the petitioner alone in the case S.C No.292/2019 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
FRIDAY, THE 11TH DAY OF OCTOBER 2019 / 19TH ASWINA, 1941
Crl.MC.No.5156 OF 2019(D)
SC NO.292/2019 OF SUB COURT, CHAVAKKAD
CRIME NO.1264/2012 OF Chavakkad Police Station , Thrissur
PETITIONER/ACCUSED NO.2:
RIYAS
S/O. FAKRUDHEEN, KIZHAKKOTTE HOUSE, MANATHALA VILLAGE, BEHIND PUTHIYARA MOSQUE.
BY ADV. SRI.S.NIDHEESH
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
2 MUNEER, AGED 40 YEARS S/O. SHAHU, THECHAN VEEDU, MANATHALA VILLAGE, CHAVAKKAD TALUK, BEHIND PUTHIYARA MOSQUE 680 506.
R2 BY ADV. SMT.P.SREESHA R1 BY SMT V SREEJA-PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.5156 OF 2019(D)
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R. NARAYANA PISHARADI, J
Crl.M.C No.5156 of 2019
Dated this the 11th day of October, 2019
O R D E R
This is an application filed under Section 482 Cr.P.C for quashing the proceedings against the petitioner in the case S.C No.292/2019 on the file of the Assistant Sessions Court, Chavakkad.
143,147,148,341,323,326 and 307 read with 149 IPC. There were altogether six accused in the case. Out of them, the third accused was no more at the time of trial of the case. The petitioner herein, who is the second accused in the case, did not appear during the trial. The other accused in the case faced the trial in the case S.C No. 376/2015. As per the judgment dated 10.12.2015 in that case, all those accused were acquitted by the trial court on the ground that the injured as well as the eye witnesses did not support the prosecution case. It appears
that the case against the petitioner herein, who was the second accused in the case, was split up and refiled as S.C No.292/2019.
Crl.MC.No.5156 OF 2019(D)
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Crl.MC.No.5156 OF 2019(D)
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case has been lost. No useful purpose would be served by continuing the prosecution against the petitioner. In the aforesaid circumstances, I find that, 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 entire proceedings against the petitioner alone in the case S.C No.292/2019 on the file of the Assistant Sessions Court, Chavakkad, which are based on the final report filed in Crime No. 1264/2014 of the Chavakkad Police Station, are hereby quashed.
Sd/-R. NARAYANA PISHARADI JUDGE
lsn
Crl.MC.No.5156 OF 2019(D)
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APPENDIX
PETITIONER'S/S EXHIBITS:
| ANNEXURE A | TRUE COPY OF THE FI.R. IN CRIME 1264/12 OF CHAVAKKAD POLICE STATION. |
|---|---|
| ANNEXURE B | CERTIFIED COPY OF THE CHARGE SHEET IN S.C. 292/19 ON THE FILE OF ASSISTANT SESSIONS COURT, CHAYAKKAD. |
| ANNEXURE C | TRUE COPY OF THE JUDGMENT IN S.C. 376/15 ON |
| THE FILE OF ASSISTANT SESSIONS COURT, CHAVAKKAD DATED 10.12.2015 |
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
LSN
3 issues framed by the court
Whether proceedings under Section 482 Cr.P.C can be quashed on the ground of settlement between parties and acquittal of other accused.
Whether the substratum of prosecution is lost when other accused are acquitted by trial court.
Whether continuing prosecution against the petitioner serves any useful purpose.
1 provisions across 1 enactments
Riyas
The State of Kerala
Muneer
R. Narayana Pisharadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
