This order quashes criminal proceedings against petitioner Rashied (5th accused) in SC.No.204/2020. Based on prior acquittal of co-accused and hostile prosecution witnesses, the court held continuing the trial would be wasteful and an abuse of process.
Proceedings in S.C.No.204 of 2020 on the files of Additional Sessions Court-III, Mavelikkara 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.
Crl.MC.4569/2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 11TH DAY OF DECEMBER 2020 / 20TH AGRAHAYANA, 1942
Crl.MC.No.4569 OF 2020(A)
AGAINST THE ORDER/JUDGMENT IN SC 204/2020 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - III, MAVELIKKARA
CRIME NO.386/2014 OF Vallikunnam Police Station , Alappuzha
PETITIONER/S:
RASHEED AGED 35 YEARS S/O.JANAAB ASHRAF, KAAMBISSERY, PALLIKKUTTY THEKKU, KALATHIVILAYIL
BY ADV. SRI.M.R.SASITH
RESPONDENT/S:
OTHER PRESENT:
SR.PP.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.4569/2020
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V.G.ARUN, J.
CRL.M.C.No. 4569 of 2020
Dated this the 11th day of December, 2020
O R D E R
Petitioner is the 5th accused in Crime No.386 of 2014 of Vallikkunnam Police Station, registered for offences under Sections 143, 147, 148, 149, 323, 324 and 308 of IPC, now pending as S.C.No.204 of 2020 on the files of the Additional Sessions Court-III, Mavelikkara. The crime was registered on the allegation that, at 3 p.m on 19.4.2014, the accused, six in number, had formed themselves into an unlawful assembly and in prosecution of their common object had attacked the de facto complainant with deadly weapons, resulting in the de facto complainant sustaining grievous injury. On committal, the case was originally numbered as S.C.No.889 of 2015. All accused, except the petitioner, faced trial in that case and were acquitted. Since the petitioner did not participate in the trial, the case against him was split up and refiled. The prayer in the Criminal M.C is to quash the further proceedings in the case pending against the petitioner, on the strength of the judgment of acquittal rendered in the case of the coaccused.
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complainant had denied involvement of the accused in the commission of the offences, while he was examined as PW2. Further, PW3 the other injured witness and PWs 4 and 5, the occurrence witnesses had turned hostile to the prosecution. The learned Session Judge noted that the matter appears to have been amicably settled between the parties and further held that there was no evidence to connect the accused with the alleged crime. In the absence of incriminating materials brought out through the evidence of the prosecution witnesses, questioning of the accused under Section 313(1)(b) was also dispensed with. It is therefore undoubtedly clear that no purpose would be served by continuing the proceedings against the petitioner, other than wastage of valuable judicial time. Moreover, further proceedings in a case, which is bound to end in acquittal amounts to an abuse of process of court.
In the result, the Crl.M.C is allowed. The proceedings in S.C.No.204 of 2020 on the files of the Additional Sessions Court-III, Mavelikkara is quashed.
Sd/- V.G.ARUN, JUDGE
vgs
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE-A1 CERTIFIED COPY OF THE FINAL REPORT FILED BY THE 2ND RESPONDENT ANNEXURE-A2 TRUE COPY OF JUDGMENT DATED 28.1.2020 IN SC NO.889/2015 OF ADDITIONAL SESSIONS JUDGE III, MAVELIKKARA
2 issues framed by the court
Whether further criminal proceedings against the petitioner should be quashed based on the acquittal of co-accused.
Whether continued trial in the absence of evidence against the petitioner amounts to an abuse of process of court.
8 provisions across 2 enactments
RASHEED
STATE OF KERALA
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
