Ansar v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 9TH DAY OF APRIL 2015/19TH CHAITHRA, 1937 Crl.MC.No. 2360 of 2015 () --------------------------- SC 377/2008 of ADDITIONAL SESSIONS COURT (ADHOC-II)KASARAGODE CP 59/2008 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KASARAGOD CRIME NO. 277/2007 OF KUMBLA POLICE STATION, KASARGOD DISTRICT =============== PETITIONER/ACCUSED:
--------------------------------- ANSAR, AGED 27 YEARS, S/O. MUHAMMED RESIDING AT SUNAIZ MANZIL NEAR MUTTAM GATE, SHIRIYA VILLAGE, KUMBALA KASARAGOD DISTRICT BY ADVS.SRI.RAM MOHAN.G.
SRI.G.P.SHINOD SRI.MANU V.
SRI.GOVIND PADMANAABHAN SRI.AJIT G.ANJARLEKAR RESPONDENT/COMPLAINANT-STATE:
----------------------------------------------------- STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA, ERNAKULAM BY Sr. PUBLIC PROSECUTOR SMT. SAREENA GEORGE P. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-04-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2360 of 2015 () APPENDIX PETITIONER'S EXHIBITS ----------------------------------- ANNEXURE-A: CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.277/23007 OF KUMBALA POLICE STATION ANNEXURE-B: CERTIFIED COPY OF THE JUDGMENT OF THE COURT OF THE ADDITIONAL SESSIONS JUDGE (ADHOC-II), KASARAGOD RESPONDENT'S EXHIBITS -------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE SD
P. UBAID, J.
--------------------------------------- Crl.M.C.No.2360 of 2015 --------------------------------------- Dated this the 9th day of April, 2015
O R D E R
The petitioner herein is the original first accused in Crime No.277/2007 of the Kumbala Police Station, registered under Section 427 and 308 IPC. The original 2nd accused faced trial before the learned Additional Sessions Judge (Adhoc-II), Kasaragod in S.C.No.377/2008, and obtained a judgment of acquittal on 09.08.2011, when none of the material witnesses supported the prosecution. The case against the petitioner herein was split up and refiled in the committal court itself, and now it stands transferred to the register of long pending cases as L.P.No.104/2009 before the Judicial First Class Magistrate Court-I, Kasaragod. The prosecution examined seven witnesses in S.C.No.377/2008, and also marked Exts.P1 to P7. 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 trial judge acquitted the accused No.2.
Crl.M.C.No.2360 of 2015 ground that the very substratum of the prosecution case is totally lost by the acquittal of the 2nd accused, and continuance of prosecution against him will not serve any purpose. Annexure -B judgment in S.C.377/2008 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 L.P.No.104/2009 before the Judicial First Class Magistrate Court-I, Kasaragod will stand quashed under Section 482 of the Code of Criminal Procedure. Sd/- P. UBAID, JUDGE sd