Kerala High Court
Premanandan vs State Of Kerala on 21 February, 2014
Author: P. Ubaid
Bench: P.Ubaid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
MONDAY,THE 8TH DAY OF DECEMBER 2014/17TH AGRAHAYANA, 1936
Crl.MC.No. 6696 of 2014 ()
---------------------------
CC 3737/2012 of JUDICIAL FIRST CLASS MAGISTRATE COURT, KODUNGALLUR
============================
PETITIONER/ACCUSED:
-----------------------------------
PREMANANDAN, S/O.BALAN, AGED 49 YEARS
CHAKKAMATTIL HOUSE, ERIYAD, KODUNGALLUR TALUK
THRISSUR DISTRICT, PIN- 680 666
BY ADV. SRI.V.A.AJAI KUMAR
RESPONDENTS/COMPLAINANTS:
--------------------------------------------------
1. STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM.
2. THE SUB INSPECTOR OF POLICE
KODUNGALLUR POLICE STATION, KODUNGALLUR.
BY PUBLIC PROSECUTOR SMT. S. HYMA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-12-2014, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 6696 of 2014 ()
APPENDIX
PETITIONER'S EXHIBITS
------------------------------------
ANNX.A1 - CERTIFIED COPY OF CHARGE SHEET/FINAL REPORT SUBMITTED
AGAINST THE PETITIONER AND CO-ACCUSED RATHI IN CRIME
NO.113/1998 BY SUB INSPECTOR OF POLICE KODUNGALLUR
ANNX.A2 - CERTIFIED COPY OF THE JUDGMENT DATED 21-02-2014 IN CC
NO.26/1999 PRONOUNCED BY THE LEARNED JUDICIAL FIRST CLASS
MAGISTRATE COURT, KODUNGALLUR
ANNX.A3 - CERTIFIED COPY OF DEPOSITION OF PW1, THE SECRETARY OF SREE
KUMARA SAMAJAM IN CC NO.26/1999 ON THE FILE OF JUDICIAL FIRST
CLASS MAGISTRATE COURT, KODUNGLALUR
ANNX.A4 - CERTIFIED COPY OF DEPOSITION OF PW4, THE SECRETARY OF
VIDHYARTHADAYANI SABHA IN CC NO.26/1999 ON THE FILE OF
JUDICIAL FIRST CLASS MAGISTRATE COURT, KODUNGLALUR
RESPONDENTS' EXHIBITS
---------------------------------------
NIL
// TRUE COPY // P.A. TO JUDGE
SD
P. UBAID, J.
---------------------------------------
Crl.M.C. No. 6696 of 2014
---------------------------------------
Dated this the 8th day of December, 2014
O R D E R
The petitioner herein is the original 1st accused in C.C.No. 26/1999 of the Judicial First Class Magistrate Court, Kodungallur. Crime in the said case was registered on the complaint of one Balachandran, under Sections 120(b) and 420 IPC read with 34 IPC, against two persons. The original 2nd accused faced trial before the learned Magistrate in C.C.No.26/1999, and obtained a judgment of acquittal on 21.02.2004, when the prosecution could not prove the case by any satisfactory evidence. The case against the petitioner herein was split up and refiled when he absconded during the proceedings. It is now pending as C.C.No. 3737/2012 in the court below. The petitioner now seeks orders quashing the prosecution against him, on the ground that the very substratum of the prosecution case stands lost, and that the prosecution cannot, in any manner, improve the case as against him, if it goes to trial. Annexure-A2 judgment in C.C.No. Crl.M.C. No. 6696/14 2 26/1999 shows that the witnesses examined by the prosecution in the said case did not state anything to incriminate the accused. The prosecution examined seven witnesses and marked Exts.P1 to P11 documents in the said case. Nobody supported the prosecution during trial, and nobody stated anything regarding the alleged transaction. On a perusal of the judgment, I find that it was in fact a civil transaction, having only civil consequences. It is not known how a complaint alleging cheating, conspiracy etc., happened to be made. Any way, the prosecution could not prove the case by any satisfactory evidence as against the 2nd accused. The prosecution cannot, in any manner, improve the case as against the petitioner herein, and the witnesses also cannot positively help the prosecution, if the case against the petitioner goes to trial. In short, continuance of prosecution will be a sheer waste of time.
In the result, this Crl.M.C. is allowed. The prosecution against the petitioner in C.C.No.3737/2012 of the Judicial First Class Magistrate Court, Kodungallur, will stand quashed under Section 482 Cr.P.C. Accordingly, the petitioner will stand Crl.M.C. No. 6696/14 3 released from prosecution, and the bail bond, if any, executed by him will stand discharged.
Sd/-
P. UBAID, JUDGE sd