Kerala High Court
Akhil.M vs State Of Kerala on 27 March, 2017
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 27TH DAY OF MARCH 2017/6TH CHAITHRA, 1939
Crl.MC.No. 2276 of 2017 ()
---------------------------
AGAINST THE ORDER/JUDGMENT IN CC 1304/2016 of J.M.F.C., TALIPARAMBA
CRIME NO. 1363/2012 OF THALIPARAMBA POLICE STATION, KANNUR
PETITIONER(S)/ACCUSED:
---------------------
AKHIL.M,
S/O.KUNHAPPAN, AGED 24, MELETH HOUSE,
MORAZHA AMSOM, KORANPEEDIKA,
KANNUR DT.
BY ADVS.SRI.K.S.PRAVEEN
SMT.P.SHEEBA
RESPONDENT(S)/COMPLAINANT:
--------------------------
STATE OF KERALA
THROUGH STATION HOUSE OFFICER,
TALIPARAMBA POLICE STATION,
REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM
BY PUBLIC PROSECUTOR SRI.T.R.RANJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
27-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2276 of 2017 ()
---------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
-----------------------
ANNEXURE 1 CERTIFIED COPY OF THE CHARGE SHEET (FINAL REPORT) IN
CRIME NO. 1363/12 OF TALIPARAMBA POLICE STATION
ANNEXURE 2 CERTIFIED COPY OF THE JUDGMENT IN C.C. NO. 182/2013 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT TALIPARAMBA
ANNEXURE 3 CERTIFIED COPY OF DEPOSITIONS OF PW1, PW2 & PW3 IN C.C.
182/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, TALIPARAMBA
RESPONDENT(S)' EXHIBITS : NIL
-----------------------
/TRUE COPY/
P. A. TO JUDGE
Pn
SUNIL THOMAS, J.
-------------------------------------------
Crl. M. C. No. 2276 of 2017
-------------------------------------------
Dated this the 27th day of March, 2017
O R D E R
The petitioner herein along with few persons were arrayed as accused in Crime No.1363/2012 of Taliparamba Police Station for offences punishable under Sections 143, 147, 341, 323 & 506
(i) read with 149 IPC. It was alleged that, on 15.08.2012 at 5.30 p.m., the accused, in furtherance of their common object attacked the defacto complainant and others. After investigation, final report was laid. All the accused except the petitioner herein faced the trial and were acquitted by judgment in C.C. No.182/2013. By judgment dated 26.08.2016 all other accused were acquitted. The case against the petitioner herein, who remained absent, was split up and refiled as C.C. No.1304/2016.
2. The petitioner now contends that, in the light of the acquittal of the remaining accused by judgment in C.C. No.182/2013, the substratum of the case is broken and no purpose will be served by prosecuting the petitioner herein.
3. The learned Public Prosecutor on instructions submitted that the petitioner herein is not involved in any other Crl. M. C. No. 2276 of 2017 2 crime and that Annexure 2 judgment has become final in the absence of any further challenge.
4. Learned counsel for the petitioner invited my attention to paragraph 8 of the judgment in Annexure A2 wherein the court, after a brief evaluation of the facts held that since the matter was settled between the parties, the material witnesses turned hostile and did not support the prosecution case. With this quality of evidence, I am satisfied that, a successful prosecution is not possible. Hence, no purpose will be served by directing the petitioner herein to face the trial. Accordingly, Crl.M.C. is liable to be allowed.
5. It is pertinent to note that, all other accused faced the trial before the court below and were acquitted by judgment dated 26.08.2016. However, the petitioner herein remained absent and did not participate in the proceedings. Necessarily the case had to be split up and the case is pending after trial. The petitioner has caused some delay in the judicial proceedings. Hence, I feel that, a sum of 1,000/- payable by the petitioner as cost will serve the interest of justice.
In the result, Crl.M.C. is allowed. All further proceedings in C.C. No.1304/2016 of Judicial First Class Magistrate Court, Crl. M. C. No. 2276 of 2017 3 Taliparamba stand quashed on condition that the petitioner herein deposits a sum of 1,000/- (Rupees one thousand only) with Kerala Legal Services Authority, Ernakulam within one month from today and files proof before the court below.
Sd/-
SUNIL THOMAS, JUDGE.
Pn