Crl.M.C. filed by 2nd accused challenging continuation of trial after co-accused acquitted. Held that acquittal destroyed case substratum; proceedings quashed relying on Moosa principles.
Crl.M.C. allowed; Final Report and all further proceedings against petitioner 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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 8TH DAY OF JULY 2022 / 17TH ASHADHA, 1944
CRL.MC NO. 1165 OF 2022
IN L.P. NO.40/2016 IN S.C. 1456/2014 OF ADDITIONAL SESSIONS COURT II, THIRUVANANTHAPURAM
CRIME NO.138/2006 OF THAMPANOOR POLICE STATION, THIRUVANANTHAPURAM
PETITIONER/2ND RESPONDENT:
RAJASEKHARAN NAIR
AGED 56 YEARS,S/O SUKUMARAN NAIR
MINI NIVAS, TC 43/1012, NEAR VADUVOTHU TEMPLE,
KAMALESWARAM WARD, MUTTATHARA VILLAGE,
THIRUVANANTHAPURAM DISTRICT
BY ADV SERGI JOSEPH THOMAS
RESPONDENTS/STATE:
STATE OF KERALA
REPRESENTED BY CIRCLE INSPECTOR OF POLICE,
THAMPANOOR POLICE STATION THROUGH PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN – 682031
ADV. M. P. PRASHANT- SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
The petitioner is the 2nd accused in Crime No.138/2006 which is now pending as L.P. No.44/2016 before the Additional Sessions Court II, Thiruvananthapuram. Subsequent to the filing of this Crl.M.C., as directed by this Court the petitioner surrendered before the trial court and the case now stands re-filed as S.C. No.420/2022 before the Additional Sessions Court II, Thiruvananthapuram. The offences alleged against the accused persons are under Sections 379 of Indian Penal Code and also under Sections 135, 138 and 150 of Electricity Act .
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Initially, the Additional Sessions Court II, Thiruvananthapuram conducted the trial of the case as S.C. No.1456/2014 in which the 1st accused alone appeared and contested. The case against the petitioner was split up and later it was included in the Long Pending Register.
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Prosecutor appearing for the State.
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finding has been entered by the learned Sessions Judge to the effect that the prosecution failed to adduce any evidence showing culpability of the 1st accused.
CRL.MC NO. 1165 OF 2022
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prosecution against him. In such circumstances, I am of the view that, this is a fit case in which the principles laid down by this Court in Moosa’s case (supra) can be applied.
In the result, this Crl.M.C. is allowed, Annexure A1 Final Report submitted in Crime No.138/2006 of Thampanoor Police Station and all further proceedings in S.C. No.420/2022 pending before the Additional Sessions Court II, Thiruvananthapuram as against the petitioner are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
scs
CRL.MC NO. 1165 OF 2022
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APPENDIX OF CRL.MC 1165/2022
PETITIONER ANNEXURESAnnexure1THE CERTIFIED COPY OF THE FINAL REPORTIN CRIME NO. 138/2006 OF THAMPANOORPOLICE STATION, THIRUVANANTHAPURAM NOWPENDING AS S.C NO. 1456/2014 ON THEFILES OF THE ADDITIONAL SESSIONSCOURT- II, THIRUVANANTHAPURAM |
|---|
Annexure2THE TRUE COPY OF THE DEPOSITION OF PW1IN S.C NO. 1456/2014 ON THE FILES OFTHE ADDITIONAL SESSIONS COURT- II,THIRUVANANTHAPURAM |
Annexure3THE TRUE COPY OF THE DEPOSITION OF PW2IN S.C NO. 1456/2014 ON THE FILES OFTHE ADDITIONAL SESSIONS COURT- II,THIRUVANANTHAPURAM |
Annexure4THE TRUE COPY OF THE DEPOSITION OF PW3IN S.C NO. 1456/2014 ON THE FILES OFTHE ADDITIONAL SESSIONS COURT- II,THIRUVANANTHAPURAM |
Annexure5THE TRUE COPY OF THE DEPOSITION OF PW4IN S.C NO. 1456/2014 ON THE FILES OFTHE ADDITIONAL SESSIONS COURT- II,THIRUVANANTHAPURAM |
Annexure6THE TRUE COPY OF THE DEPOSITION OF PW5IN S.C NO. 1456/2014 ON THE FILES OFTHE ADDITIONAL SESSIONS COURT- II,THIRUVANANTHAPURAM |
Annexure7THE TRUE COPY OF THE DEPOSITION OF PW6IN S.C NO. 1456/2014 ON THE FILES OFTHE ADDITIONAL SESSIONS COURT- II,THIRUVANANTHAPURAM |
Annexure8THE TRUE COPY OF THE DEPOSITION OF PW7IN S.C NO. 1456/2014 ON THE FILES OFTHE ADDITIONAL SESSIONS COURT- II,THIRUVANANTHAPURAM |
Annexure9: THE TRUE COPY OF THE DEPOSITION OFPW8 IN S.C NO. 1456/2014 ON THE FILESOF THE ADDITIONAL SESSIONS COURT- II,THIRUVANANTHAPURAM |
Annexure10THE TRUE COPY OF THE DEPOSITION OF PW9 |
CRL.MC NO. 1165 OF 2022
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IN S.C NO. 1456/2014 ON THE FILES OF
THE ADDITIONAL SESSIONS COURT- II,
THIRUVANANTHAPURAM
Annexure11THE CERTIFIED COPY OF THE JUDGMENT
DATED 16/12/02021 IN S.C NO. 1456/2014
ON THE FILES OF THE ADDITIONAL
SESSIONS COURT- II, THIRUVANANTHAPURAM
2 issues framed by the court
Whether proceedings against the petitioner should be quashed when the acquittal of another accused destroys the substratum of the case.
Whether the principles in Moosa v. Sub Inspector of Police are applicable to prevent abuse of process in these circumstances.
Colour shows how this judgement treated each authority
Moosa v. Sub Inspector of PoliceApplied¶22
Moosa v. Sub Inspector of Police [2006(1) KLT 552]
RAJASEKHARAN NAIR
STATE OF KERALA
ZIYAD RAHMAN A.A.
As recorded by the court registry
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