Quashed

Vijay@ Ambady v. Manoj

Kerala HC4 Apr 2024Crl.MC/457/2024

Case brief

AI extract

What is this about?

High Court of Kerala quashed criminal proceedings against a minor petitioner in a Juvenile Justice Board case. The court relied on the acquittal of co-accused in the adult case via retraction of prosecution witnesses and settlement, holding that substratum of the case crumbled.

What did the court decide?

Proceedings against the petitioner in C.C.No.34/2023 on the files of the Juvenile Justice Board, Alappuzha, is hereby quashed.

Vijay@ Ambady Vs Manoj — Writ and Judicial Review | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

¶4

THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946

¶5

CRL.MC NO. 457 OF 2024

¶6

CRIME NO.1318/2018 OF HARIPPAD POLICE STATION, ALAPPUZHA
IN CC NO.34 OF 2023 OF JUVENILE JUSTICE BOARD, ALAPPUZHA

¶7

PETITIONER/ACCUSED:

¶8

VIJAY@ AMBADY
AGED 22 YEARS
S/O. VINOD,
POTTAKKATTU THARAYIL, HARIPPAD P.O,
ALAPPUZHA DISTRICT, PIN – 690514

¶9

BY ADVS.
B.RENJITHKUMAR
T.PRADEEP KUMAR
CLARA SHERIN FRANCIS
SANGEERTHANA M.
REVATHY JAYAKUMAR

¶10

RESPONDENTS/DEFACTO COMPLAINANT:

¶11

1MANOJ
AGED 42 YEARS
S/O. MADHAVAN,
PUSHPALAYAM HOUSE, NADUVETTIMURI,
PALLIPPAD VILLAGE,
ALAPPUZHA DISTRICT,, PIN – 690512

¶12

2RATHEESH R. PILLAI
AGED 34 YEARS
S/O. RADHAKRISHNA PILLAI,
RATHEESH BHAVAN, PILAPPUZHA MURI,
HARIPPAD VILLAGE, ALAPPUZHA DISTRICT,PIN – 690514

¶13

Crl.M.C.No.457 of 2024

¶14

-:2:-

¶15

3STATE OF KERALA
REPRESENTED BY THE SUB INSPECTOR OF POLICE,
HARIPPAD POLICE STATION IN CRIME NO. 1318/2018
THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031

¶16

BY ADV.

¶17

NOUSHAD K. A.
PUBLIC PROSECUTOR

¶18

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶19

Crl.M.C.No.457 of 2024

¶20

-:3:-

¶21

BECHU KURIAN THOMAS, J.

¶22

--------------------------------------Crl.M.C.No.457 of 2024

¶23

Dated this the 4^th day of April, 2024

¶24

ORDER

¶25

Petitioner is the accused in C.C.No.34/2023 on the files of the Juvenile Justice Board, Alappuzha, arising out of Crime No.1318/2018 of Harippad Police Station. Since the petitioner at the time of the commission of the alleged offence was a minor, the case against him has been transferred to the Juvenile Justice Board.

¶26

The prosecution alleged that the accused had, on 08.07.2018, trespassed into the residence of CW3 and assaulted CW1 and caused a loss of Rs.40,000/- to the defacto complainant and thereby committed the offences under Sections 323, 324, 326, 341, 427, 447 and 451 r/w Section 34 of the Indian Penal Code, 1860.

¶27

The case against the accused, who were not minors, was tried as C.C.No.1076/2019 before the Judicial First Class Magistrate Court-I, Harippad, and by judgment dated 15.03.2023, all the accused were acquitted. As the case against the petitioner was transferred to the Juvenile Justice Board, Alappuzha, proceedings against him have not culminated. However, he seeks the benefit of the acquittal of the coaccused.

¶28

Crl.M.C.No.457 of 2024

¶29

-:4:-

¶30

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

¶31

On a perusal of the judgment in C.C.No.1076/2019, it is revealed that the matter has been settled between the parties and none of the prosecution witnesses deposed against the accused. CW3 was examined, as PW3 who stated that he did not see the incident, while PW1 deposed that he gave evidence about the names of the accused under the instructions of some other persons.

¶32

Taking note of the absence of any evidence to connect any of the accused with the crime, the Trial Court acquitted all other accused other than the petitioner. A reading of the above mentioned judgment indicates that the substratum of the prosecution case has been eroded and no purpose would be achieved by prosecuting the petitioner.

¶33

In the result, proceedings against the petitioner in C.C.No.34/2023 on the files of the Juvenile Justice Board, Alappuzha, is hereby quashed.

¶34

Criminal miscellaneous case is allowed as above.

¶35

Sd/-

¶36

BECHU KURIAN THOMAS JUDGE

¶37

Jka/04.04.24.

¶38

Crl.M.C.No.457 of 2024

¶39

-:5:-

¶40

APPENDIX OF CRL.MC 457/2024

¶41

PETITIONER’S ANNEXURES

¶42

Annexure-A1TRUE COPY OF THE CHARGE FILED ON 209.2021
BY THE 3RD RESPONDENT
Annexure-A2TRUE COPY OF THE JUDGMENT IN CC NO.
1076/2019 DATED 15.3.2023 IN THE FILE OF
JUDICIAL FIRST CLASS MAGISTRATE COURT-I,
HARIPPAD

Vijay@ Ambady v. Manoj

Case brief

What is this about?

What did the court decide?

Vijay@ Ambady v. Manoj

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Deepu Chandran @ Manikandan Vs Nikhil

Shyju Vs State of Kerala

Rajendran Vs Karikrishnan

R.Murukan Vs State of Kerala

Tinu George Vs State of Kerala

Bijoy B.K. Vs State of Kerala