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. 3980 of 2015 ()
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CC 411/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I,ATTINGAL
CRIME NO. 79/1998 OF ATTINGAL POLICE STATION, THIRUVANANDAPURAM
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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 & DEFACTO COMPLAINANT:-:
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1. STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.
2. SALIM
S/O.MUHAMMED KANNU, NEAR ADOOR BHAGAVATHI TEMPLE,
AZHOOR VILLAGE, THIRUVANANTHAPURAM - 695 001.
R1 BY PUBLIC PROSECUTOR SRI. 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:
bp
Crl.MC.No. 3980 of 2015 ()
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APPENDIX
PETITIONER(S)' EXHIBITS
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ANNEXURE A1: CERTIFIED COPY OF THE CHARGE SHEET FILED BY THE SUB
INSPECTOR OF POLICE, ATTINGAL POLICE STATION IN CRIME
NO.79/1998 OF ATTINGAL POLICE STATION.
ANNEXURE A2: NOTARIZED AFFIDAVIT OF THE 2ND RESPONDENT ON THE
BASIS OF SETTLEMENT WITH THE PETITIONER.
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
bp
ALEXANDER THOMAS, J.
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Crl.M.C No.3980 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. 79/1998 of Attingal Police Station, for offences registered under Secs.341, 427 and 34 of IPC. Original accused Nos. 2 and 3 faced trial. The case against the petitioner herein has subsequently been re-numbered as C.C.No. 411/2015 on the file of the Judicial First Class Magistrate Court-I, Attingal. After meticulous appraisal of the evidence on record, the trial court concluded in judgment ( C.C No.1023/2000) 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 persons.
Crl.M.C No.3980 of 2015 - : 2 :-
2. Heard Sri.Dinesh M, learned counsel for the petitioner, and the learned Public Prosecutor appearing for the respondent State of Kerala.
3. On a perusal of judgment (C.C No.1023/2000) 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 persons. From a mere reading of above judgment it is crystal clear that the substratum of the prosecution has been shattered by the acquittal of the said co- accused persons. 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. A2 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 Crl.M.C No.3980 of 2015 - : 3 :-
ordered in the interest of justice that the impugned Anx. A1 final report/charge sheet filed in Crime No.79 of 1998 of Attingal Police Station, which has led to the pendency of C.C.No. 411/2015 on the file of the Judicial First Class Magistrate Court-I, Attingal, and all further proceedings arising therefrom pending against the petitioner herein stand quashed.
With these observations and directions, the Criminal Miscellaneous Case stands finally disposed of.
sd/-
sab ALEXANDER THOMAS, JUDGE