Allowed

Sanesh v. State of Kerala

Kerala HC16 Mar 2021Crl.MC/1280/2021

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a Criminal Miscellany petition seeking to quash criminal proceedings. Based on a prior Sessions Court judgment acquitting co-accused due to hostile witnesses and lack of evidence, the court held that continuing the trial against petitioners would be an abuse of process and waste judicial time. Consequently, the proceedings were quashed.

What did the court decide?

The proceedings against the petitioners in C.C. No. 92 of 2018, on the files of the Judicial First Class Magistrate-I, Hosdurg, are quashed.

Sanesh Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2021)

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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 V.G.ARUN

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TUESDAY, THE 16TH DAY OF MARCH 2021 / 25TH PHALGUNA, 1942

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Crl.MC.No.1280 OF 2021(H)

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AGAINST THE ORDER/JUDGMENT IN CP 92/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,HOSDRUG

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CRIME NO.339/2017 OF Ambalathara Police Station , Kasargod

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PETITIONER/S:

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1 SANESH AGED 27 YEARS S/O. KUNHIRAMAN, PERALAM, PULLUR, AMBALATHARA, KASARAGODE.

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2 SANAL, AGED 26 YEARS S/O. MARAR, PERALAM, PULLUR, AMBALATHARA, KASARAGODE.

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3 PRAMOD ACHARI, AGED 32 YEARS PERALAM, PULLUR, AMBALATHARA, KASARAGODE.

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BY ADVS. SRI.M.RAMESH CHANDER (SR.) SMT.K.A.SANJEETHA SRI.BALU TOM SRI.BONNY BENNY SHRI. BEJOY JOSEPH P.J.

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RESPONDENT/S:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-682031.

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OTHER PRESENT:

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PP T.R.RENJITH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.1280 OF 2021(H)

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O R D E R

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Dated this the 16^th day of March, 2021

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The petitioners are accused nos. 2, 3 and 8 in Crime No. 339 of 2017 of Ambalathara Police Station, registered for offences under Sections 143, 147,148, 341, 324, 326 and 308 r/w Section 149 of IPC, now pending as C.P No. 92 of 2018 on the files of the Judicial First Class Magistrate-I, Hosdurg.

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After completion of investigation and submission of the final report, the case of the accused, who had appeared, was committed to the Sessions Court and numbered as SC No. 936 of 2018 on the files of the Additional Sessions Court-II, Kasaragod. The said accused faced trail and were acquitted as per Annexure A2 judgment. This Crl.M.C is filed seeking to quash the proceedings against the petitioners on the strength of Annexure A2 judgment of acquittal rendered in the case of the other co-accused.

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3.A perusal of Annexure A2 judgment shows that all crucial witnesses, including the injured, turned hostile to the prosecution and denied the involvement of the accused in commission of the crime. The learned Sessions Judge, after carefully analyzing the evidence, came to the definite conclusion of there being absolutely no evidence

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Crl.MC.No.1280 OF 2021(H)

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to connect the accused with the alleged offences. The submission of the Public Prosecutor that, on account of settlement of the dispute between the parties, all material witnesses had turn hostile to the prosecution was also taken into consideration for acquitting the other accused. The substratum of the prosecution case having been dislodged, the continuation of the further proceedings against the petitioners will amount to an abuse of process and will result in wastage of valuable judicial time.

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In the result, the Crl.M.C is allowed. The proceedings against the petitioners in C C No. 92 of 2018, on the files of the Judicial First Class Magistrate-I, Hosdurg is quashed.

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Sd/V.G ARUN JUDGE

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Crl.MC.No.1280 OF 2021(H)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 CERTIFIED COPY OF THE CHARGE SHEET DATED 29.11.2017. ANNEXURE A2 CC OF JUDGMENT IN SC 936/18 OF THE ADDL. SESSIONS JUDGE-II, KASARAGODE DATED 30.1.2021.

Sanesh v. State of Kerala

Case brief

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What did the court decide?

Sanesh v. State of Kerala

Case brief

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