Kerala High Court
Magistrate.-I vs State Of Kerala -2013 (4) Khc 110). Crl ... on 29 October, 2012
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.M.BABU
FRIDAY, THE 13TH DAY OF JULY 2018 / 22ND ASHADHA, 1940
Crl.MC.No. 3015 of 2014
AGAINST THE ORDER/JUDGMENT IN CC 887/2013 OF THE JUDICIAL FIRST CLASS
MAGISTRATE.-I, MAVELIKKARA
CRIME NO. 222/2010 OF KURATHIKADU POLICE STATION , ALAPPUZHA
PETITIONER(S)/ACCUSED
1 HARISH KUMAR
S/O.RAVEENDRAN,THADATHIL HOUSE,UMBERNADU MURI,
THEKKEKKARA VILLAGE,MAVELIKKARA.
2 RADHAKRISHNAN,
S/O.SADANANDAN,AMBADIYIL HOUSE,VADAKKEMANKUZHI MURI,
THEKKEKKARA VILLAGE,MAVELLIKKARA.
BY ADV.SMT.ASHA ELIZABETH MATHEW
RESPONDENT(S)/COMPLAINANT:
1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF
KERALA,ERNAKULAM.
2. RAJAGOPALA PILLAI
S/O.DAMODHARAN PILLAI, SIRAJ NIVAS
UMBERNAD MURI, THEKKEKARA VILLAGE, MAVELIKKARA
RADDL.2 BY ADV. SRI.P.SREEKUMAR
RADDL.2 BY ADV. SRI.SOORAJ T.ELENJICKAL
R1 BY ADV.B.JAYASURYA, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 13-07-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 3015 OF 2014
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A. CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO.222/2010 OF
KURATHIKAD POLICE STATION
ANNEXURE B- TRUE COPY OF THE JUDGMENT DATED 29.10.2012 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT, MAVELIKKARA IN CC NO.307/2010
ANNEXURE C- TRUE COPY OF THE JUDGMENT DATED 18.7.2013 OF THIS HON'BLE COURT IN
CRRP NO.939/2013
ANNEXURE D-TRUE COPY OF THE JUDGMENT DATED 11.9.2013 OF THIS HON'BLE COURT IN
CRMC 3930/2013 AS REPORTED IN 2013 (4) KHC 110.
RESPONDENTS EXHIBITS
NIL
TRUE COPY
SKS P.A TO JUDGE
A.M.BABU, J.
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Crl M.C No. 3015 of 2014
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Dated 13th day of July, 2018
ORDER
Heard Smt.Asha Elizabeth Mathew, the learned counsel for the petitioners, Sri.P.Sreekumar, the learned counsel for the second respondent and Sri.B.Jayasurya, the learned public prosecutor.
2. Petitioners are two of the accused in CC 307/2010 which is refiled as CC 887/2013. The same is a case pending before the court of the judicial magistrate-I, first class, Mavelikkara. The case arises out of crime no.222/2010 of Kurathikkad police station.
3. The offences charged against the petitioners are those punishable under Secs 143, 147, 148, 149, 427, 447 and 448 of IPC. Accused 1 to 4 and 7 were tried by the trial court They were convicted and sentenced. The appellate court confirmed the judgment of the trial court. In revision this court interfered. The convictions and sentences were set aside and they were acquitted. Thereafter filed Crl M.C 3930/2013 by the 9th accused. The same was allowed. It is a reported case (Ashok 2 Crl.M.C No. 3015 of 2014 Kumar vs State of Kerala -2013 (4) KHC 110). Crl M.C 3930/2013 was allowed finding that the substratum of the prosecution case had gone. The said finding of this court is binding on the prosecution. As the substratum of the case is lost, the petitioners are entitled to get the criminal prosecution against them quashed.
4. The Crl M.C is allowed. All proceedings in CC 887/2013 on the file of the court of the judicial magistrate-I, first class, Mavelikkara relating to the petitioners herein stand quashed.
sd/-
A.M.BABU Judge sks/13.7.2018 3 Crl.M.C No. 3015 of 2014