The High Court of Kerala allowed a criminal miscellaneous petition seeking quashing of criminal proceedings against the petitioner. The court quashed the trial based on the previous acquittal of co-accused, deeming the prosecution case baseless.
The entire proceedings against the petitioner in CC No.804/2018 are quashed and the accused 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
WEDNESDAY, THE 12TH DAY OF FEBRUARY 2020 / 23RD MAGHA, 1941
Crl.MC.No.545 OF 2020(G)
AGAINST THE ORDER/JUDGMENT IN CC 804/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,VADAKARA
CRIME NO.189/2010 OF CHOMBALA POLICE STATION , Kozhikode
PETITIONER/S:
SIJU K.V., AGED 38 YEARS S/O.BHASKARAN, ACHUTHAPRABHA HOUSE, ONCHIYAM AMSOM, KANNOOKKARA, KOZHIKODE-673102
BY ADV. SRI.T.G.RAJENDRAN
RESPONDENT/S:
1 THE SUB INSPECTOR OF POLICE, CHOMBALA POLICE STATION, KOZHIKODE-673308
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031
OTHER PRESENT:
SR PP-SRI C S HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.545 OF 2020(G) 2
O R D E R
Dated this the 12th day of February 2020
The petitioner is the 6th accused in Crime No.189/2010
of Chombala Police Station for having allegedly committed offences punishable under Sections
143, 147, 148, 341, 323 and 324 r/w Section 149 of IPC.
Annexure III, the substratum of the prosecution case has been lost and no purpose will be served by proceeding with
Crl.MC.No.545 OF 2020(G) 3
the trial as against the petitioner, which would amount to exercising futility and wastage of judicial time.
In the result, the Crl.M.C is allowed and the entire proceedings as against the petitioner in CC NO.804/2018 on the files of the Judicial First Class Magistrate Court, Vadakara stands quashed under Section 482 of Cr.P.C. and the accused is discharged.
SD/-
ASHOK MENON
JUDGE
rmm
Crl.MC.No.545 OF 2020(G) 4
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE I TRUE COPY OF THE FIRST INFORMATION REPORT IN CR.NO.189/2010 OF CHOMBALA POLICE STATION ANNEXURE II TRUE COPY OF THE FINAL REPORT ANNEXURE III TRUE COPY OF THE JUDGMENT IN CC NO.939/2010 ON THE FILE OF THE JUDICIAL 1ST CLASS MAGISTRATE VADAKARA
1 issue framed by the court
Whether the criminal proceedings against the accused should be quashed following the acquittal of co-accused and loss of prosecution substratum.
1 provisions across 1 enactments
Siju K.V.
The State of Kerala
The Sub Inspector of Police, Chombala, Kozhikode
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
