Quashed

Abhilash v. State of Kerala

Kerala HC26 Jul 2019Crl.MC/5795/2017

Case brief

AI extract

What is this about?

The Kerala High Court quashed the charge sheet and criminal proceedings against the petitioner, noting that the acquittal of co-accused persons shattered the prosecution case, rendering further proceedings a mere wastage of judicial resources under Section 482 CrPC.

What did the court decide?

Impugned charge sheet/file and all further proceedings pending against the accused in C.C.No.78/2013 are quashed.

Abhilash 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 ALEXANDER THOMAS

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FRIDAY, THE 26TH DAY OF JULY 2019 / 4TH SRAVANA, 1941

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Crl.MC.No.5795 of 2017

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AGAINST THE ORDER/JUDGMENT IN CC 78/2017 of JUDICIAL MAGISTRATE OF FIRST CLASS -II,PATHANAMTHITTA

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CRIME NO.375/2013 OF Pathanamthitta Police Station , Pathanamthitta

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PETITIONER/S:

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ABHILASH, AGED 28 YEARS, S/O SIVANADAN, USHAS VEEDU,AZHOOR MURI, PATHANAMTHITTA VILLAGE,PATHANAMTHITTA DISTRICT.

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BY ADV. SRI.AJEESH K.SASI

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM.

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Addl. DHANYA, D/O LEEALMANI THUNDIYIL VEETTILPOOTHERI R-2 VALAPPUMUNJIYOORTHIROORANGADIMALAPPURAM-676505 (R-2 impleaded as per order dtd.20.9.2017 in Crl.M.A.No. 9643/2017) BY ADVS.

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OTHER PRESENT:

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SMT.PRIYA SHANAVAS, PUBLIC PROSECUTOR FOR R1, SMT.S.K DEVI FOR ADDL,R2 SRI.SANTHOSH P.ABRAHAM

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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ALEXANDER THOMAS, J.

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==================

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Crl.M.C.No. 5795 of 2017

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==================

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Dated this the 26^th day of July, 2019

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O R D E R

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The petitioner herein is original accused No.3 in Anx.A final report/charge sheet filed in Crime No. 375/2013 of Pathanamthitta Police Station, registered for offences punishable under Secs.498A and 34 of the I.P.C., Original accused Nos.1 and 2 faced trial. After meticulous apprisal of the evidence on record, the trial court concluded in Anx. B judgment that there is no evidence to connect the said co-accused persons (A-1 and A-2) with the impugned criminal charges and had accordingly, acquitted the said co-accused. The case against the petitioner herein has subsequently been re-numbered as C.C.No.78/2017 on the file of the Judicial First Class Magistrate's Court-II, Pathanamthitta. The petitioner has filed the instant criminal case with the prayer for quashment of the impugned criminal proceedings pending against him on the ground that the substratum of the prosecution case has been shattered by the acquittal of the said co-accused persons (A-1 and A-2) as per Anx. B judgment.

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Heard Sri.Ajeesh.K.Sasi, learned counsel for the petitioner, Smt.Priya Shanavas, learned Prosecutor appearing for R-1 State and Smt.S.K.Devi, learned counsel appearing for Addl. R-2.

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Crl.M.C.5795/17 - : 3 :-

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On a perusal of Anx. B judgment it can be seen that the trial court has conclusively held that there is no evidence to connect the said co-accused persons with the impugned charges and acquitted the said co-accused persons. From a mere reading of Anx.B judgment it is crystal clear that the substratum of the prosecution case has been shattered by the acquittal of the said co-accused persons. No meaningful purpose will be subserved by prolonging the agony of the impugned criminal proceedings now pending against the petitioner. Any further continuance of the impugned criminal proceedings would amount to mere wastage of precious resources of the State including that of the judiciary. This Court in the cases as in Moosa v. Sub Inspector of Police reported in 2006 (1) KLT 552, Ashraf Kancheriyil v. State of Kerala reported in 2011(2) KHC 8123, and Abbas v. State of Kerala 2013 (2) KLT 976, has held that if the substratum of the prosecution is demolished by the acquittal of the co-accused, this Court could exercise the powers under Sec.482 of the Cr.P.C. to consider the prayer of quashment of the impugned criminal proceedings against the other accused.

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In this view of the matter, it is ordered in the interest of justice that the impugned Anx.A final report/charge sheet filed in

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Crl.M.C.5795/17 - : 4 :-

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Crime No. 375/2013 of Pathanamthitta Police Station, which has led to the pendency of C.C.No.78/2013 of Judicial First Class Magistrate's Court-II, Pathanamthitta and all further proceedings arising therefrom pending against the accused will stand quashed.

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The petitioner will produce certified copies of this order before the investigating officer concerned and the competent court below concerned. The office of the Advocate General will forward copy of this order to the investigating officer concerned for information.

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With these observations and directions, the Criminal Miscellaneous Case stands finally disposed of.

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sdk+

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Sd/- ALEXANDER THOMAS, JUDGE

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vgd

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Crl.M.C.5795/17 - : 5 :-

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A TRUE COPY OF THE FINAL REPORT IN CRIME NO. 375/2013 OF PATHANAMTHITTA POLICE STATION.

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ANNEXURE B TRUE COPY OF THE JUDGMENT DATED 16.1.2017 IN C.C NO. 432/2016 OF THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE-II, PATHANAMTHITTA.

Abhilash v. State of Kerala

Case brief

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Abhilash v. State of Kerala

Case brief

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