Accused sought quashing of a split-up criminal case after co-accused were acquitted. The High Court held that the unchallenged acquittal destroyed the substratum of the prosecution case and quashed all pending proceedings against the petitioner.
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 BECHU KURIAN THOMAS
MONDAY, THE 11TH DAY OF MARCH 2024 / 21ST PHALGUNA, 1945
CRL.MC NO. 1614 OF 2023
(AGAINST CC NO.1704 OF 2019 PENDING BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT, KAKKANAD IN CRIME NO.171/2006 OF
THRIKKAKARA POLICE STATION, ERNAKULAM).
PETITIONER/ACCUSED NO. 1:
ANOOP JOY,
AGED 40 YEARS, S/O. JOY,
AROOKKARAN HOUSE, KUNNATHANGADI,
CHALAKUDY, THRISSUR, PIN – 680307.
BY ADVS.
SRI. SHAIJAN C. GEORGE
SRI. VINAI JOHN
RESPONDENTS/COMPLAINANT:
1STATE OF KERALA,
REPD. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031.
2STATION HOUSE OFFICER,
THRIKKAKARA POLICE STATION,
ERNAKULAM, PIN – 682021.
BY ADV.
SRI. RANJITH T. R. - PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL. MC NO. 1614 OF 2023
2
BECHU KURIAN THOMAS, J.
Crl. MC. No. 1614 of 2023
Dated this the 11th day of March, 2024
ORDER
and by Judgment dated 30.09.2019, the learned Magistrate acquitted accused 1 and 3. Petitioner therefore seeks extension of benefit of acquittal of co-accused.
3
CRL. MC NO. 1614 OF 2023
committed the offences under Sections 420, 120 (b) and 379 of IPC, 1860 apart from Section 4 read with Section 20 of the Indian Telegraph Act, 1885 and Section 3 read with Section 6 of the Indian Wireless Telegraphy Act, 1933.
4
CRL. MC NO. 1614 OF 2023
circumstances involved therein, including the date of commission of the offence and the inability of the prosecution to procure CW1 to depose before the Court, I am of the view that prosecution proceedings against the petitioner will be of no purpose.
Accordingly, all proceedings against the petitioner in C. C. 1704 of 2019 before the Judicial Magistrate First Class Court, Kakkanad is hereby quashed.
The Crl. MC. is allowed as above.
Sd/BECHU KURIAN THOMAS JUDGE
Svn
CRL. MC NO. 1614 OF 2023
5
APPENDIX OF CRL.MC 1614/2023
PETITIONER’S ANNEXURES
ANNEXURE |
1A TRUE COPY OF THE FI STATEMENTCRIME NO. 171/2006 OF THRIKSTATION, KOCHI CITY |
AND THEKAKKARA |
FIR INPOLICE |
|---|---|---|---|
ANNEXURE |
2A TRUE COPY OF THE CHARGE IN C.OF THRIKKAKKARA POLICE STATION, |
C. NO.12KOCHI CI |
18/2015TY |
ANNEXURE |
3A CERTIFIED COPY OF THE COURTNO.2160/2009 |
CHARGE I |
N C.C. |
ANNEXURE |
4A TRUE COPY OF THE ORDERNO.3442/2018 DATED 04.06.2018 |
IN C |
RL.M.C. |
ANNEXURE |
5ATRUECOPYOFTHECRL.M.A.NO.3894/2018 IN UNN. CRDATED 30.08.2018 |
ORDERL.R.P. … |
IN../2018 |
ANNEXURE |
6A TRUE COPY OF THE THE DEPOSITI |
ON OF PW1 |
|
ANNEXURE |
7A LEGIBLE TYPE WRITTEN COPY OFOF PW1 |
THE DEP |
OSITION |
ANNEXURE |
8A TRUE COPY OF THE THE DEPOSITI |
ON OF PW2 |
|
ANNEXURE |
9A LEGIBLE TYPE WRITTEN COPY OFOF PW2 |
THE DEP |
OSITION |
ANNEXURE |
10A TRUE COPY OF THE JUDGNO.1218/2015 DATED 30.09.2019 |
MENT IN |
C.C. |
1 issue framed by the court
Whether proceedings against the petitioner should be quashed given the acquittal of co-accused in the split-up case arising from the same FIR.
3 provisions across 3 enactments
ANOOP JOY
STATE OF KERALA
STATION HOUSE OFFICER, THRIKKAKARA POLICE STATION
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court