Allowed

Sooraj Biju v. State of Kerala

Kerala HC7 Jun 2024Crl.MC/11236/2023

Case brief

AI extract

What is this about?

Accused in a split-up case sought quashing after his co-accused was acquitted for want of evidence. Finding the acquittal judgment destroyed the prosecution's substratum and continuing proceedings would abuse court process, the High Court quashed the pending proceedings.

What did the court decide?

Proceedings in C.C.No.2820/2023 arising out of Crime No.3037/2015 of Chengannur Police Station quashed.

Sooraj Biju Vs State of Kerala — Quashing and FIR | Kerala HC (2024)

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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 BECHU KURIAN THOMAS

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FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946
CRL.MC NO. 11236 OF 2023

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CRIME NO.3037/2015 OF CHENGANNOOR POLICE STATION, ALAPPUZHA

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AGAINST THE ORDER/JUDGMENT DATED IN CC NO.2820 OF 2023
OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, CHENGANNUR

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PETITIONER/ACCUSED NO.2 :

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SOORAJ BIJU, AGED 20 YEARS
S/O BIJU KUMAR,
PATHIYOOR PADINJARETHIL VEEDU,
MAZHUKHEER MURI,THIRUVANVANDOOR VILLAGE,
ALAPPUZHA., PIN – 689 124.
BY ADV M.R.SASITH

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RESPONDENT/STATE :

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031.

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2 SUB INSPECTOR OF POLICE CHENGANNUR POLICE STATION, ALAPPUZHA, PIN – 689 121.

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SRI. NOUSHAD K. A. (PP)

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 07.06.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:

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CRL.MC 11236/2023

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BECHU KURIAN THOMAS, J

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......….............................................

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Crl.M.C.No.11236 of 2023

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…................................................

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Dated this the 7^th day of June, 2024

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ORDER

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Petitioner is the accused in C.C.No.2820/2023 on the files of the Judicial

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First Class Magistrate Court-I, Chengannur. He was the second accused in C.C.No.1302/2016 on the files of the Judicial First Class Magistrate Court-I, Chengannur. Since the petitioner had absconded, the case against him was split up while the trial against the other accused continued and by judgment dated 21.10.2023 the first accused was acquitted. Petitioner seeks the benefit of acquittal of the co-accused.

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According to the prosecution, the accused had, on 08.12.2015, trespassed

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into the office room of CW2 and abused him and also assaulted the de facto complainant and another person and committed mischief causing a loss of Rs.4000/- to CW2 and Rs.7405/- to CW1 and thereby committed the offences punishable under Section 452, 294(b), 323, 427 r/w Section 34 of the Indian Penal Code, 1860.

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I have heard Sri.Sasith M.R., the learned counsel for the petitioner as well as Sri.Noushad K.A., the learned Public Prosecutor.

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On a reading of the judgment of acquittal of the first accused in

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CRL.MC 11236/2023

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C.C.No.1302/2016, it is noticed that, the prosecution had failed to

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produce any independent witness to prove the alleged occurrence and the court disbelieved the prosecution version. It is also noticed that the prosecution had failed to prove the commission of any of the offences against the first accused. Considering the nature of evidence adduced by the prosecution and the findings rendered by the trial court in the judgment of acquittal of the first accused, it is evident that the substratum of the prosecution case against the petitioner has been destroyed. In such circumstances, no purpose would be achieved by continuing the prosecution against the petitioner. Having regard to the above circumstances, I am satisfied that the continuance of the prosecution against the petitioner, is an abuse of the process of the court.

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Therefore, proceedings in C.C.No.2820/2023 on the files of the Judicial First Class Magistrate Court, Chengannur, arising out of Crime No.3037/2015 of Chengannur Police Station, is hereby quashed.

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The Crl.M.C.is allowed as above.

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sd/-

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BECHU KURIAN THOMAS JUDGE

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AMV/07/06/2024

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CRL.MC 11236/2023

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APPENDIX OF CRL.MC 11236/2023

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PETITIONER ANNEXURES

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ANNEXURE A1CERTIFIED COPY OF THE FINAL REPORT FILED BY
THE 2ND RESPONDENT.

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ANNEXURE A2CERTIFIED COPY OF JUDGMENT DATED 21.10.2023
IN CC NO. 1302/2016 OF THE JUDICIAL FIRST
CLASS MAGISTRATE COURT-1,CHENGANNUR.

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TRUE COPY

Sooraj Biju v. State of Kerala

Case brief

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Sooraj Biju v. State of Kerala

Case brief

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