Kerala High Court
Suresh Kumar vs State Of Kerala on 21 January, 2020
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 21ST DAY OF JANUARY 2020 / 1ST MAGHA, 1941
Crl.MC.No.8429 OF 2018(C)
AGAINST THE ORDER/JUDGMENT IN LP 105/2007 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -III,TRIVANDRUM
CRIME NO.08/2001 OF Cantonment Police Station , Thiruvananthapuram
PETITIONER/S:
SURESH KUMAR
AGED 52 YEARS
S/O. SASIDHARAN, GAURI COTTAGE, VEDIVACHAN
KOVIL,AYANIMUTTIL, NEYYATTINKARA, TRIVANDRUM.
BY ADV. SRI.M.R.SARIN
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY THE DETECTIVE INSPECTOR, CBCID
TRIVANDRUM, REPRESENTED THROUGH THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
R1 BY ADDL.DIRECTOR GENERAL OF PROSECUTION
OTHER PRESENT:
SRI. C.S HRITHWIK SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.8429 OF 2018(C) 2
O R D E R
Dated this the 21st day of January 2020 The petitioner is the 5th accused in Crime No.08/2001 of Cantonment Police station, Thiruvananthapuram. The investigation was later taken over by the CBCID and Crime No.88/CR/01 was registered. The case was taken on file by the Judicial First Class Magistrate Court-III, Thiruvananthapuram as CP No.50/2005, but the accused was absconding and the case against accused 1 to 3 was committed to the court of Sessions, which was taken on file of the Additional Sessions Court-I, Thiruvananthapuram as SC No.1434/2006. The 2nd accused died pending trial and the charge against him abated. A1 and A3 faced trial, and vide judgment dated 20.03.2009, at Annexure A3, both of them were found not guilty and acquitted by the court. The judgment has since become final.
2. The petitioner's case was split up and is presently pending as LP No.105/2007 on the files of the Judicial First Class Magistrate Court-III, Thiruvananthapuram. The Crl.MC.No.8429 OF 2018(C) 3 offences alleged are punishable under Sections 489A, 489B, 489C, 489D, 120B and 204 r/w Section 34 of IPC .
3. It was the 1st accused who was allegedly found in possession of counterfeit currency. The notes were allegedly printed in the printing press belonging to the 4 th accused. The specific allegation in the prosecution case as against the 5th accused/ petitioner herein is that he too was handed over certain counterfeit currencies which were consigned to flames by him. PW11 is the wife of the 5 th accused/petitioner. She denied the suggestion that her husband had set ablaze certain fake currency notes. The printing press in which the alleged currency was printed by the 4th accused was allegedly dismantled by PW10 who too turned hostile. PW12 was examined to prove that he knows the 1st accused and the 5th accused and that the 1st accused had handover the counterfeit currency notes to the 5 th accused. But he was too declared hostile and did not support the prosecution case.
Under the circumstances, the substratum of the prosecution case as against the petitioner has been lost and proceeding with the trial as against the petitioner would be Crl.MC.No.8429 OF 2018(C) 4 exercising futility and wastage of judicial time. Under the circumstances, the Crl.M.C. is allowed and the entire proceedings as against the petitioner pending before the Judicial First Class Magistrate Court-III, Thiruvananthapuram as L.P.No.105/2007 stands quashed under Section 482 of Cr.P.C and the accused is discharged.
SD/-
ASHOK MENON JUDGE rmm Crl.MC.No.8429 OF 2018(C) 5 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE TRUE COPY OF THE FIR IN CRIME NO.
08/01 OF CANTONMENT POLICE STATION ANNEXURE A2 TRUE COPY OF THE FINAL CHARGE SHEET IN FIR IN CRIME NO 08/01 OF CONTONMENT POLICE STATION CBCID CRIME 88/CR/01 ANNEXURE A3 TRUE COPY OF THE JUDGMENT DATED IN SC NO. 1434/06 OF ADDL SESSIONS JUDGE (FAST TRACK 1- THIRUVANANTHAPURAM ANNEXURE A4 THE TRUE COPY OF THE DEPOSITION OF PW2 IN SC NO 1434/06 OF ADDL. SESSIONS JUDGE (FAST TRACK 1- THIRUVANANTHAPURAM