Kerala High Court
Akbarsha vs State Of Kerala on 30 January, 2010
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 13TH DAY OF JANUARY 2017/23RD POUSHA, 1938
Crl.MC.No. 8523 of 2016 ()
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AGAINST THE ORDER/JUDGMENT IN SC 496/2002 of D.C. & SESSIONS
COURT,THRISSUR DATED 30-01-2010
CRIME NO. 127/1997 OF CHAVAKKAD POLICE STATION , TRISSUR
PETITIONER(S)/ACCUSED 4:
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AKBARSHA,
AGED 44 YEARS, S/O.PALLATHU VEETTIL KUNHUMOIDU,
ANCHANGADYKARAYIL, CHAVAKKAD TALUK,
THRISSUR DISTRICT, PIN-680506.
BY ADVS.SMT.P.K.MINIMOLE
SMT.MINI.V.A.
RESPONDENT(S)/STATE & COMPLAINANT:
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1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.
2. THE DETECTIVE INSPECTOR, CBCID(CFS),
ERNAKULAM DISTRICT, PIN-682017.
R BY PUBLIC PROSECUTOR SRI.AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13-01-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 8523 of 2016 ()
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APPENDIX
PETITIONER(S)' EXHIBITS
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ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO.127/97 OF
CHAVAKKAD POLICE STATION.
ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT FILED BY THE
DETECTIVE INSPECTOR CBCID(CFS), UNIT, ERNAKULAM IN ANNEX.A1 CIME.
ANNEXURE A3 CERTIFIED COPY OF THE JUDGMENT DATED 30.01.2010 IN
SESSIONS CASE NO. 496/2002 OF THE COURT OF THE SESSIONS JUDGE,
THRISSUR.
RESPONDENT(S)' EXHIBITS
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/TRUE COPY/ PS TO JUDGE.
SUNIL THOMAS, J.
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Crl.M.C.No. 8523 of 2016
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Dated this the 13th day of January, 2017
O R D E R
The petitioner herein, the 4th accused, along with other accused faced the trial for offences punishable under Sections 489C and 489D read with section 34 IPC.
2. It was alleged by the prosecution that, the accused were found in possession of counterfeit currency notes. By Annexure A 3 judgment, the Sessions court acquitted all the seven accused who faced the trial. The case against the petitioner herein was split up and is now pending as SC No.247/2010 of the Court of Sessions Judge, Thrissur. The petitioner now contends that in Annexure A3 judgment it was determined that accused therein are not accused and hence, the benefit of that judgment should enure to the petitioner herein also.
3. Learned Public Prosecutor, on instructions, submitted that Annexure A3 judgment has become final and conclusive in the absence of any challenge to that.
4. A perusal of Annexure A3 judgment shows that the learned Sessions Judge, after detailed evaluation of the entire materials, concluded that there was no sufficient evidence to convict any of the accused for the offences alleged against them. It was also held Crl.M.C.No.8523/2016 2 that there was absolutely nothing to show that any of the accused possessed counterfeit currency notes, as alleged. The court below had also noted that though the evidence indicated that MO1 and MO3 series were counterfeit currency notes, there was no evidence to prove the identity of the house from where they were seized. Hence, all the accused who faced the trial were acquitted of the offences alleged against them.
5. A detailed examination of Annexure A3 judgment shows that the court below, after thorough evaluation of the materials, concluded that the prosecution thoroughly failed to prove the allegation. In the light of the above,though the allegation is serious, it can only be considered that the substratum of the entire case is lost. No purpose will be served by prosecuting the case, which can only result in waste of time and also money. Hence, the interest of justice demands quashing of the entire proceedings.
In the result, Crl.M.C. is allowed. All further proceedings pursuant to Annexure A2 final report and in SC No.247/2010 of the Court of Sessions Judge, Thrissur stand quashed.
Sd/-
SUNIL THOMAS Judge dpk /true copy/ PS to Judge.
Crl.M.C.No.8523/2016 3