Third accused in an unlawful assembly and assault case sought quashing of the pending trial after co-accused were acquitted. The court found the acquittal destroyed the substratum of the prosecution case and no purpose would be served by continuing, and quashed the proceedings.
Proceedings in C.C.No.1987/2020 before JFMC-II, Kollam, quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 3RD DAY OF JUNE 2024 / 13TH JYAISHTA, 1946
CRL.MC NO. 2561 OF 2024
CRIME NO.225/2015 OF SAKTHIKULANGARA POLICE STATION, KOLLAM
IN CC NO.1987 OF 2020 OF JUDICIAL MAGISTRATE OF FIRST
CLASS -II, KOLLAM
PETITIONER/ACCUSED NO.3:
SREEHARI
AGED 28 YEARS
S/O DEVAJYOTHI,
OMKARAM VEEDU,
KAIRALI NAGAR-19, KUREEPIZHA CHERRY,
SAKTHIKULANGARA VILLAGE, KOLLAM TALUK,
KOLLAM DISTRICT, PIN – 691601
BY ADVS.
MANU RAMACHANDRAN
M.KIRANLAL
R.RAJESH (VARKALA)
T.S.SARATH
SAMEER M NAIR
SAILAKSHMI MENON
JOTHISHA K.A.
SHIFANA M.
RESPONDENTS/STATE, I.O & DEFACTO COMPLAINANT:
1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 6820312 THE STATION HOUSE OFFICER SAKTHIKULANGARA POLICE STATION, KOLLAM DISTRICT, PIN – 691003Crl.M.C.No.2561 of 2024
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3ANANDHU
AGED 28 YEARS
S/O GOPALAKRISHNAN,
THREETHAM VEEDU,
KSEB NAGAR-23, KANNIMEL CHERRY,
SAKTHIKULANGARA VILLAGE,
KOLLAM TALUK, KOLLAM DISTRICT, PIN – 691012
BY ADV.
ASHI M.C,
PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.2561 of 2024
-:3:-
BECHU KURIAN THOMAS, J.
Crl.M.C.No.2561 of 2024
Dated this the 3rd day of June, 2024
ORDER
Petitioner was the third accused in C.C.No.828/2016 on the files of the Judicial First Class Magistrate Court-II, Kollam. He seeks to quash the proceedings now pending against him as C.C.No.1987/2020 before the aforesaid court, seeking the benefit of acquittal of the co-accused.
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Crl.M.C.No.2561 of 2024
evidence adduced to prove the complicity of the accused, A1, A2, A4 and A6 were acquitted. It was also observed that PW1, who was the defacto complainant failed to identify the assailants and had even deposed that he cannot identify any of the assailants. The court had also recorded that the matter has been settled between the parties.
Criminal miscellaneous case is allowed as above.
Sd/-
BECHU KURIAN THOMAS JUDGE
Jka/03.06.24.
Crl.M.C.No.2561 of 2024
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APPENDIX OF CRL.MC 2561/2024
PETITIONER’S ANNEXURES
Annexure A1THE TRUE COPY OF THE FINAL REPORT IN CRIME
NO.225/2015 OF SAKTHIKULANGARA POLICE
STATION, KOLLAM DISTRICT
Annexure A2THE TRUE COPY OF THE JUDGMENT DATED
04.09.2020 IN C.C NO.828/2016 OF JFMC-II,
KOLLAM
Annexure A3THE TRUE COPY OF THE DEPOSITION OF 3RD
RESPONDENT/DE-FACTO COMPLAINANT IN C.C
NO.828/2016 OF JFMC-II, KOLLAM
1 issue framed by the court
Whether proceedings against the third accused could be quashed where co-accused were acquitted on findings that no material connected the accused to the occurrence.
8 provisions across 1 enactments
SREEHARI
THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
THE STATION HOUSE OFFICER SAKTHIKULANGARA POLICE STATION, KOLLAM DISTRICT
ANANDHU
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court