The High Court allowed the petition and quashed proceedings against the third accused in a cheating case. The court held that the acquittal of co-accused established an absolute lack of evidence, rendering the trial futile.
The entire proceedings as against the petitioner in CC No. 65/2018 stand quashed and the petitioner is discharged.
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 ASHOK MENON
MONDAY, THE 03RD DAY OF FEBRUARY 2020 / 14TH MAGHA, 1941
Crl.MC.No.185 OF 2020(C)
AGAINST THE ORDER/JUDGMENT IN CC 65/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I, HARIPAD
CRIME NO.429/2014 OF Veeyapuram Police Station, Alappuzha
PETITIONER/3RD ACCUSED:
S. VINOD AGED 52 YEARS, S/O.SUKUMARAN, PONNOSE VILLA, KARIMBALUR CHERRY, PARIPPALLY VILLAGE, PUTHENKULAM P.O., KOLLAM DISTRICT.
BY ADV. SRI.V.VENUGOPALAN NAIR
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682031.
2 THE SUB INSPECTOR OF POLICE, VEEYAPURAM POLICE STATION-688001.
OTHER PRESENT:
SRI.C.S. HRITHWIK, SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.185 of 2020
2
O R D E R
Dated this the 3rd day of February 2020
The petitioner is the 3rd accused in
C.C.No.65/2018 on the file of the Judicial First
Class Magistrate Court-I, Harippad, for having allegedly committed the offences punishable under Section 420 read with Section 34 of I.P.C. together
with two other accused. The petitioner was absconding and the case against him was split up and refiled from the parent case. Accused 1 and 2 faced
trial and vide judgment at Annexure A2 dated 09.01.2018 they were both found not guilty and
acquitted under Section 248(1), Cr.P.C. A reading of the judgment indicates that there is absolute lack of evidence regarding the petitioner and other accused being involved in any illegal money transaction as alleged by the prosecution. Presently, the case against the petitioner has refiled as C.C.No.65/2018 on the file of the Judicial First Class Magistrate
Crl.M.C.No.185 of 2020
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Court-I, Harippad. The substratum of the prosecution
case has been lost and the proceeding the trial as
against the petitioner will not serve any purpose.
In the result, the Crl.M.C. is allowed and the
entire proceedings as against the petitioner in
Class Magistrate Court-I, Harippad, stands quashed under Section 482 of Cr.P.C. and the petitioner is
discharged.
Sd/-
dkr
ASHOK MENON
JUDGE
Crl.M.C.No.185 of 2020
4
APPENDIX
PETITIONER'S/S EXHIBITS:
| ANNEXURE A1 | COPY OF THE | FINAL REPORT IN CRIME |
|---|---|---|
| NO.429/2014 OF | VEEYAPURAM POLICE STATION | |
| NOW PENDING TR | IAL AS C.C.NO.65/2018 OF | |
| JFMC-I, HARIPPAD | . | |
| ANNEXURE A2 | JUDGMENT IN CC 7 | 55/2015 OF JFMC-I, HARIPPAD |
| DATED 09.01.2018 | . |
1 issue framed by the court
Whether the criminal proceeding against the petitioner should be quashed in light of the acquittal of co-accused due to lack of evidence.
1 provisions across 1 enactments
S. Vinod
State of Kerala
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
