High Court of KeralaCrl.MC/774/2015allowed

K.Vijayan v. State Of Kerala

2015-02-06Honourable Mr. Justice P.Ubaid5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 6TH DAY OF FEBRUARY 2015/17TH MAGHA, 1936 Crl.MC.No. 774 of 2015 () -------------------------- AGAINST CC 1153/2011 of J.M.F.C.-I,HOSDRUG CRIME NO. 165/2001 OF HOSDURG POLICE STATION , KASARGOD PETITIONER(S)/ACCUSED NOS 1 & 2:

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1. K.VIJAYAN AGED 53 YEARS S/O.KUNHIRAMAN, KAMBIKANATH VEEDU ERALAL THAYANUR VILLAGE, HOSDURG TALUK, KASARGOD . PIN-671 531

2. V.K. PUSHPARAJAN, AGED 42 YEARS S/O. PERATTOOR KUNHIRAMAN, ERALAL, ATAKKANDAM THAYANUR VILLAGE, HOSDURG TALUK, KASARGOD . PIN-671 531 BY ADVS.SRI.K.J.MOHAMMED ANZAR SRI.A.D.SURESH BABU RESPONDENT(S)/STATE &DEFACTO COMPLAINANT & INJURED (CWS 1 TO 3): -------------------------------------------------------------------------------------------

1. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN: 682031

2. STATION HOUSE OFFICER, HOSDURG POLICE STATION HOSDURG, KASARGOD DISTRICT PIN-671 315

3. C.V. RAJEEVAN,, AGED 39 YEARS S/O. NARAYANAN, ATAKKANDAM, THAYANNUR HOSDURG, KASARGOD, PIN-671 531

4. P.R. SURESH,, AGED 43 YEARS S/O. RAMAKRISHNAN, ATAKKANDAM, KALICHANDUKKAM THAYANNUR VILLAGE, HOSDURG, KASARGOD PIN-671 531

5. PRADEEPAN,, AGED 36 YEARS S/O.KRISHNAN, ATAKKANDAM, THAYANUR VILLAGE HOSDURG TALUK, KASARGOD, . PIN-671 531 R4,5 BY ADV. SRI.T.B.GAFOOR R1 & R2 BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 774 of 2015 () -------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- ANNEXURE A1: CERTIFIED COPY OF THE FIR IN CRIME NO.165/2001 OF HOSDURG POLICE STATION ANNEXURE A2: CERTIFIED COPY OF THE FINAL REPORT FILED IN ANNEXURE A1 CRIME ANNEXURE A3: CERTIFIED COPY OF THE JUDGMENT I C.C.NO. 933/2001 DATED 8.4.2005 ANNEXURE A4: ORIGINAL AFFIDAVIT DATED 31.1.2015 SWORN BY 4TH RESPONDENT ANNEXURE A5: ORIGINAL AFFIDAVIT DATED 31.1.2015 SWORN BY 5TH RESPONDENT RESPONDENT(S)' EXHIBITS ------------------------------- /TRUE COPY/ P.S TO JUDGE

P.UBAID, J.

~~~~~~~~~~ ~~~~~~~~~~~ Dated this the 6th February, 2015

O R D E R

The petitioners herein are the accused Nos.1 and 2 in C.C No.933 of 2001 of the Judicial First Class Magistrate's Court-I, Hosdurg. The offences involved in this case are under Sections 143, 147, 148, 323, and 324 read with 149 of Indian Penal Code. The original accused Nos 3 to 6 faced trial before the trial court and obtained a judgment of acquittal under Section 248 (1) of the Code of Criminal Procedure, when all the material witnesses including the first informant/de facto complainant turned hostile to the prosecution in view of an amicable settlement made by the parties out of court. The prosecution examined six witnesses in the said case including the first informant/de facto complainant and also marked Ext.P1. None of the material witnesses examined in the case supported the prosecution. In such a circumstance, examination of the others was dispensed with and evidence was closed by the trial court. In the absence of any evidence or incriminating

circumstance, the learned Magistrate acquitted the accused Nos.3 to 6. The case against the petitioners herein was split up and refiled and it is now pending as C.C No.1153 of 2011 before the Judicial First Class Magistrate's Court-I, Hosdurg. The petitioners now seek orders quashing the prosecution as against them on the ground that the very substratum of the prosecution case is totally lost by the acquittal of the others, and continuance of prosecution against them will not serve any purpose. Annexure-A3 judgment in C.C No.933 of 2011 shows that all the material witnesses examined by the prosecution in the said case turned hostile in view of an amicable settlement made by the parties out of court.

In such a situation, it is quite definite that the prosecution cannot in any manner improve the case and the witnesses also cannot in any manner help the prosecution, if the case against the petitioners go to trial. In short, such proceeding will be a sheer waste of time. In the result, this petition is allowed. The prosecution against the petitioners herein in C.C No.

stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioners will stand released from prosecution, and the bail bond, if any, executed by them will stand discharged.

Sd/- P.UBAID JUDGE ma /True copy/ P.S to Judge