Kerala High Court
Basheer vs State Of Kerala on 30 June, 2015
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
TUESDAY, THE 30TH DAY OF JUNE 2015/9TH ASHADHA, 1937
Crl.MC.No. 3979 of 2015 ()
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CC. NO.620/2001 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ATTINGAL.
CRIME NO. 189/2001 OF ATTINGAL POLICE STATION.
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PETITIONER/1ST ACCUSED:
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BASHEER, AGED 45 YEARS,
S/O.ABDUL MAJEED, RESIDING AT MES MANZIL,
MAYVARKKAL DESOM, ALAMCODE VILLAGE,
THIRUVANANTHAPURAM.
BY ADV. SRI.M.DINESH.
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
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1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM- 682 031.
2. VINOD, AGED 35 YEARS,
S/O. THULASIDHARAN PILLAI,
RESIDING AT VATTAVILA HOUSE,
PALLIMUKKU, KARAKKONAM,
MAYVARKKAL DESOM, ALAMCODE VILLAGE,
THIRUVANANTHAPURAM-695 001.
R1 BY PUBLIC PROSECUTOR SRI.N. SURESH.
R2 BY ADV. SRI.C.S.SUMESH.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 30-06-2015, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
rs.
Crl.MC.No. 3979 of 2015
APPENDIX
PETITIONER'S ANNEXURES:-
ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT FILED BY THE
SUB INSPECTOR OF POLICE, ATTINGAL POLICE STATION
IN CRIME NO.189/2001 OF ATTINGAL POLICE STATION.
ANNEXURE A2 NOTARIZED AFFIDAVIT OF THE 2ND RESPONDENT ON THE
BASIS OF SETTLEMENT WITH THE PETITIONER.
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY//
P.A. TO JUDGE
rs.
ALEXANDER THOMAS, J.
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Crl.M.C No.3979 of 2015
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Dated this the 30th day of June, 2015
O R D E R
The petitioner herein is original accused No.1 in Crime No. 189 of 2001 of Attingal Police Station, for offences registered under Secs.341, 324 and 34 of IPC. Original accused Nos. 2 and 3 faced trial. After meticulous appraisal of the evidence on record, the trial court concluded in judgment ( C.C No.620/2001) that there is no evidence to connect the said co-accused persons with the impugned criminal charges and had accordingly, acquitted the said co- accused. The petitioner has filed the instant criminal case with the prayer for quashment of the impugned criminal proceedings pending against him on the ground that the substratum of the prosecution case has been shattered by the acquittal of the said co- accused person.
2. Heard Sri.Dinesh M, learned counsel for the petitioner, and the learned Public Prosecutor appearing for the respondent State of Kerala.
Crl.M.C No.3979 of 2015 - : 2 :-
3. On a perusal of Judgment produced by the petitioner (C.C No.620/2001) it can be seen that the trial court has conclusively held that there is no evidence to connect the said co- accused persons with the impugned charges and acquitted the said co-accused person. No meaningful purpose will be subserved by prolonging the agony of the impugned criminal proceedings now pending against the petitioner. Any further continuance of the impugned criminal proceedings would amount to mere wastage of precious resources of the State including that of the judiciary. Moreover it is seen that the the petitioner and the contesting respondent No.2 have settled their disputes (arising out of the impugned crime) as borne out by Anx. A-2 affidavit sworn to by the 2nd respondent defacto complainant, in which he has stated that he has no objection for quashment of the impugned criminal proceedings against the petitioner. In this view of the matter, it is ordered in the interest of justice that the impugned Anx. A-1final report/charge sheet filed in Crime No. 189/2001 of Attingal Police Station, which has led to the pendency of C.C.No. 620/2001 on the file of the Judicial First Class Magistrate's Court-I, Attingal, and all further proceedings arising therefrom pending against the Crl.M.C No.3979 of 2015 - : 3 :-
petitioner herein stand quashed.
With these observations and directions, the Criminal Miscellaneous Case stands finally disposed of.
sd/-
sab ALEXANDER THOMAS, JUDGE