Shanavas v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 18TH DAY OF MARCH 2015/27TH PHALGUNA, 1936 Crl.MC.No. 1753 of 2015 () --------------------------- CC 287/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT-III, PUNALUR CRIME NO. 557/2008 OF PATHANAPURAM POLICE STATION, KOLLAM DISTRICT =================== PETITIONER/5TH ACCUSED:

----------------------------------------- SHANAVAS, AGED 29 YEARS S/O.SHAHUTHAMEED, RESIDING AT SHANAVAS MANZIL NEAR THYCAVU, PATHIRICKAL MURI, PATHANAPURAM VILLAGE PUNALUR, KOLLAM DISTRICT.

BY ADV. SRI.V.A.AJIVAS RESPONDENT/COMPLAINANT:

-------------------------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE PATHANAPURAM POLICE STATION KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

BY Sr. PUBLIC PROSECUTOR SMT. SAREENA GEORGE P. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 1753 of 2015 () APPENDIX PETITIONER'S EXHIBITS ----------------------------------- ANNEUXRE A1: THE TRUE COPY OF THE FINAL REPORT IN CRIME NO. 557/2009 OF PATHANAPURAM POLICE STATION IN KOLLAM DISTRICT PENDING AS CC NO. 287/2015 (CC NO. 70/2009) BEFORE THE HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, PUNALUR, KOLLAM. ANNEXURE A2: THE CERTIFIED COPY OF THE JUDGMENT IN CC NO. 70/2009 OF HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, PUNALUR, KOLLAM.

RESPONDENT'S EXHIBITS -------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE SD

P. UBAID, J.

--------------------------------------- Crl.M.C.No.1753 of 2015 --------------------------------------- Dated this the 18th day of March, 2015

O R D E R

The petitioner herein is the original 5th accused in C.C.70/2009 of the Judicial First Class Magistrate Court-III, Punalur. The offences involved in this case are under Sections 324, 326 and 34 IPC. The original accused Nos. 1 to 4 faced trial before the trial court and obtained a judgment of acquittal under Section 248(1) Cr.P.C., when all the material witnesses turned hostile to the prosecution in view of an amicable settlement made by the parties out of court. The prosecution examined four witnesses in the said case 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.1 to 4. The case against the petitioner herein was split up and refiled as C.C.287/2015.

Crl.M.C. No.1753/2015 of the others, and continuance of prosecution against him will not serve any purpose. Annexure-A2 judgment in C.C.70/2009 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 petitioner goes to trial. In short, such proceeding will be a sheer waste of time.

In the result, this petition is allowed. The prosecution against the petitioner in C.C.287/2015 of the Judicial First Class Magistrate Court-III, Punalur will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioner will stand released from prosecution, and the bail bond, if any, executed by him will stand discharged.

Sd/- P. UBAID, JUDGE sd