Allowed

Mithun v. State of Kerala

Kerala HC3 Feb 2020Crl.MC/116/2020

Case brief

AI extract

What is this about?

High Court of Kerala allowed a criminal miscellaneous petition and quashed proceedings against the fourth accused in a murder and grievous hurt case filed separately after co-accused were acquitted. The matter was settled by injured parties, and the court discharged the petitioner.

What did the court decide?

Crl.M.C.No.116/2020(D) allowed; proceedings against petitioner quashed; petitioner discharged.

Mithun Vs State of Kerala — Bail and Remand | Kerala HC (2020)

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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 ASHOK MENON

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MONDAY, THE 03RD DAY OF FEBRUARY 2020 / 14TH MAGHA, 1941

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Crl.MC.No.116 OF 2020(D)

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AGAINST THE ORDER/JUDGMENT IN SC 26/2017 OF PRINCIPAL ASSISTANT SESSIONS COURT, NORTH PARAVUR

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CRIME NO.909/2011 OF Vadakkekara Police Station , Ernakulam

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PETITIONER/ACCUSED NO.4:

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MITHUN AGED 30 YEARS S/O.UTHAMAN, THAIKKOOTTATHIL HOUSE, KOTTUVALLIKKADU, MOOTHAKUNNAM VILLAGE, ERNAKULAM DISTRICT, PIN-683 516.

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BY ADVS. SRI.DENU JOSEPH SRI.SAJI MATHEW SMT.NEETHU REGHUKUMAR SHRI.BIBIN BABU

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RESPONDENTS/INJURED AND STATE:

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

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2 ROHIT, AGED 27 YEARS S/O.SIVADASAN, PALAKADAN VEETTIL, ASTAMICHIRA, THRISSUR DISTRICT, PIN-680 731.

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3 ARUN, AGED 27 YEARS S/O.GOPALAN, PALARAPARAMBIL VITTIL, MALA, THRISHUR DISTRICT, PIN-680 732.

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4 EBY VARGHESE, AGED 28 YEARS S/O.VARGHESE, PUTHUSSERRY, NEAR MESTHERY BRIDGE, CHERAI, ERNAKULAM DISTRICT, PIN-683 514.

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SRI. RAMESH CHAND PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.116 OF 2020(D)

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ORDER

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Dated this the 3rd day of February 2020

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Petitioner is the 4^th accused in

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Crime No.909/2011 of Vadakkekkara Police Station, for having allegedly committed offences punishable under Sections 324 and 307 r/w Section 34 of the IPC. The parent case was taken on the file of the Principal Assistant Sessions Court, North Paravur as SC No.26/2017 and vide judgment dated 20.07.2019 at Annexure F, the court found the accused Nos.1 to 3 not guilty and acquitted them under Section 232 of the Cr.P.C. None of the injured witnesses had testified against the accused and there was absolute lack of evidence. The case against the petitioner who was then absconding was split up and refiled.

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The defacto complainant and injured are

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Crl.MC.No.116 OF 2020(D)

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the respondent Nos.2 to 4, who had filed affidavits to the effect that the matter has been amicably settled and that they do not have any grievance against the petitioner. A report to that effect has also been obtained from the Investigating Officer. The petitioner does not have any criminal antecedents. The substratum of the prosecution case has been lost because of the acquittal of accused Nos.1 to 3 and proceeding with a trial as against the petitioner would only amount to exercising futility and wastage of time.

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In the result, the Crl.M.C is allowed and the entire proceedings as against the petitioner who is the 4^th accused in Crime No.909/2011 of Vadakkekkara Police Station, presently pending before the Principal Assistant Sessions Court, North Paravur as

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Crl.MC.No.116 OF 2020(D)

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SC No.180/2018 stands quashed under Section 482

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of the Cr.P.C and the accused is discharged.

Sd/-

ASHOK MENON

JUDGE

SPK

Crl.MC.No.116 OF 2020(D)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A TRUE COPY OF THE FIR IN CRIME NO.909/2011 OF VADAKKEKARA POLICE STATION.

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ANNEXURE B TRUE COPY OF THE CHARGE SHEET SUBMITTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, NORTH PARVUR AGAINST THE PETITIONER.

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ANNEXURE C TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 03.06.2019.

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ANNEXURE D A TRUE COPY OF THE ORIGINAL AFFIDAVIT DATED 03.06.2019 SWORN TO BY THE 3RD RESPONDENT.

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ANNEXURE E A TRUE COPY OF THE ORIGINAL AFFIDAVIT SWORN TO BY THE 4TH RESPONDENT.

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ANNEXURE F A TRUE COPY OF JUDGMENT IN SC NO.26/2017 PASSED BY THE PRINCIPAL ASSISTANT SESSIONS COURT, NORTH PARAVUR ACQUITTING ACCUSED NO.1 TO 3.

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ANNEXURE G TRUE COPY OF THE DEPOSITION RENDERED BY 2ND RESPONDENT IN SC 26/2017 BEFORE THE PRINCIPAL ASSISTANT SESSIONS COURT, NORTH PARAVUR.

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ANNEXURE H TRUE COPY OF THE DEPOSITION RENDERED BY 3RD RESPONDENT IN SC 26/2017 BEFORE THE PRINCIPAL ASSISTANT SESSIONS COURT, NORTH PARAVUR.

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ANNEXURE I TRUE COPY OF THE DEPOSITION RENDERED BY 4TH RESPONDENT IN SC 26/2017 BEFORE THE PRINCIPAL ASSISTANT SESSIONS COURT, NORTH PARAVUR.

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RESPONDENT'S/S EXHIBITS:NIL

Mithun v. State of Kerala

Case brief

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Mithun v. State of Kerala

Case brief

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