The High Court of Kerala allowed the criminal miscellaneous petition and quashed proceedings pending against the petitioner as the second accused. Citing acquittal of all accused and hostility of witnesses, the Court held further trial was futile.
Criminal miscellaneous petition allowed; proceedings quashed; petitioner 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 02ND DAY OF MARCH 2020 / 12TH PHALGUNA, 1941
Crl.MC.No.718 OF 2020(H)
IN CRIME NO.638/16 OF VAIKOM POLICE STATION, KOTTAYAM DISTRICT WHICH IS NOW PENDING AS S.C 146/19 BEFORE THE ASSISTANT SESSIONS COURT, KOTTAYAM UNDER SECTIONS 294(b), 308 and 341r/w SEC.34 OF THE INDIAN PENAL CODE
PETITIONER/2ND ACCUSED:
AMAL REJI, AGED 23 YEARS, S/O. REJIMON, ERETHARA HOUSE, KUDAVECHOOR KARA, VECHOOR VILLAGE.
BY ADVS. SRI.LIJI.J.VADAKEDOM SRI.RAJEEV JYOTHISH GEORGE SMT.REXY ELIZABETH THOMAS SRI.TOM E.JACOB
RESPONDENTS/STATE AND COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2 THE SUB INSPECTOR OF POLICE, VAIKOM POLICE STATION, VAIKOM P.O., KOTTAYAM DISTRICT-686 141.
OTHER PRESENT:
SRI RAMESH CHAND – PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.718 OF 2020(H)
2
ORDER
Dated this the 2nd day of March, 2020
The petitioner was the 2nd accused in Crime
No.638/2016 of Vaikom Police Station, Kottayam, for having
allegedly committed offences punishable under Sections 294(b),
308 and 341 read with Section 34 IPC along with three other
accused. The parent case was taken on file as S.C.No.121/2017 on
the files of the Assistant Sessions Court, Kottayam, and after trial
all the accused who faced the trial were found not guilty and
acquitted vide judgment at Annexure-3.
2.Reading of the judgment indicate that the witnesses
including the defacto complainant-injured turned hostile and did
not support the prosecution case. PW1, who was the injured
specifically states that he had sustained the injury as a result of
tripping down. Under the circumstances, I find that proceeding
with the trial as against the petitioner would only amount to
exercising futility and wastage of judicial time.
Crl.MC.No.718 OF 2020(H)
3
In the result, the Crl.M.C. is allowed and the entire
proceedings as against the petitioner, presently pending as
S.C.No.146/2019 on the file of the Assistant Sessions Court,
Kottayam, stands quashed under Section 482 Cr.P.C and the
accused is discharged.
Sd/-
ASHOK MENON
JUDGE
NR/02/03/20
Crl.MC.No.718 OF 2020(H)
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE 1 THE CERTIFIED COPY OF THE FIR CRIME NO. 638/16 OF VAIKOM POLICE STATION, KOTTAYAM DISTRICT.
ANNEXURE II THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 638/16 OF VAIKOM POLICE STATION, KOTTAYAM DISTRICT.
ANNEXURE III THE CERTIFIED COPY OF THE JUDGMENT DATED 19.03.2019 IN S.C. NO. 121/2017 BEFORE THE ASSISTANT SESSIONS COURT, KOTTAYAM.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY// PA TO JUDGE
3 issues framed by the court
Whether the proceedings against the petitioner accused can be quashed under Section 482 Cr.P.C given the acquittal of all accused in the parent case and hostile witnesses.
Whether the continuation of trial constitutes an exercise of futility and wastage of judicial time.
Whether the petitioner should be discharged from the criminal proceedings.
1 provisions across 1 enactments
AMAL REJI
STATE OF KERALA
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court