Fifth accused sought quashing of split-up proceedings after co-accused were acquitted. The acquittal judgment had rejected the recovery under Section 27 Evidence Act and the scene mahazar, eroding the prosecution case's substratum. Proceedings were quashed as an abuse of court process.
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 3RD DAY OF JUNE 2024 / 13TH JYAISHTA, 1946
CRL.MC NO. 3033 OF 2024
CRIME NO.182/2006 OF VADANAPPALLY POLICE STATION, THRISSUR
AGAINST THE ORDER/JUDGMENT DATED IN LP NO.2 OF 2018 OF ASSISTANT SESSIONS COURT/PRINCIPAL SUB COURT /
COMMERCIAL COURT, THRISSUR
PETITIONER/ACCUSED NO.5:
REJITH, AGED 32 YEARS
S/ O PRABHAKARAN, PARIYAKATH HOUSE,
ETHAI DESOM, ENGANDIYOOR VILLAGE BEACH,
NATTIKA, KERALA, PIN – 680 615.
BY ADVS.
VINAY RAMDAS
K.B.ANAMIKA
RESPONDENT/STATE :
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN – 682 031.
ASHI M.C (pp)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 03.06.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC 3033/2024
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BECHU KURIAN THOMAS, J
......….............................................
Crl.M.C.No.3033 of 2024
…................................................
Dated this the 3rd day of June, 2024
ORDER
Petitioner was the 5th accused in S.C.No.68/2008 on the files of the Sessions Court, Thrissur; which arose out of Crime No.182/2006 of Vadanappilly Police Station, alleging offences under Sections 143, 147, 148, 323, 324, 326 and 308 r/w Section 149 of the Indian Penal Code, 1860 apart from Section 27 of the Arms Act, 1959. During the trial of the case, petitioner along with the fourth accused had absconded and therefore the case against them was split up, while the trial against accused Nos.1 to 3 proceeded. By judgment dated 29.07.2011, the Sessions Court, Thrissur acquitted accused Nos.1 to 3 in S.C.No.68/2008. The case against the petitioner is now pending as L.P.No.2/2018 before
the Assistant Sessions Court, Thrissur. Petitioner seeks the benefit of acquittal of the co-accused.
CRL.MC 3033/2024
3
pipes and sword, inflicting grievous injuries and thereby committed the
offences alleged.
CRL.MC 3033/2024
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The Crl.M.C. is allowed as above.
sd/BECHU KURIAN THOMAS JUDGE
AMV/03/06/2024
CRL.MC 3033/2024
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APPENDIX OF CRL.MC 3033/2024
PETITIONER ANNEXURES
ANNEXURE A1 |
A TRUE COPY OF THE FVATANAPILY POLICE STA |
.I.R NO 182 OF 2006 OFTION DATED 01/05/2006. |
|---|---|---|
ANNEXURE A2 |
A TRUE COPY OF FINALIN ANNEXURE A1 F.I.R. |
REPORT DATED 27/09/2006 |
ANNEXURE A3 |
A TRUE COPY OF JUDGE |
MENT IN S.C 68/2008 IN |
THE FILES OF THE PRIN |
CIPAL ASSISTANT SESSIONS |
|
COURT, THRISSUR DATED |
29/07/2011. |
TRUE COPY
1 issue framed by the court
Whether proceedings against the petitioner in L.P.No.2/2018 should be quashed given the trial court's findings eroding the substratum of the prosecution case.
3 provisions across 3 enactments
Rejith
State of Kerala
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court