Balamani v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 7TH DAY OF OCTOBER 2015/15TH ASWINA, 1937 Crl.MC.No. 3906 of 2015 (F) --------------------------- CC 545/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KANNUR PETITIONER(S)/ACCUSED NO.5 :- ------------------------------------------------ BALAMANI, AGED 59 YEARS, D/O.LAKSHMI, VAYALILPURAYIL HOUSE, TALIPARAMBA AMSOM, KARIMBAM, KANNUR DISTRICT.
BY ADV. SRI.IEANS.C.CHAMAKKALA RESPONDENT(S) :- ----------------------------
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA - 682 031.
2. SHYNA P.V., AGED 43 YEARS, D/O.ACHUTHAN K.P., PALLIVALAPIL HOUSE, AZHEEKODE SOUTH, KANNUR - 670 001.
R1 BY SRI.JUSTIN JACOB, PUBLIC PROSECUTOR R2 BY ADV. SRI.P.K.RAVISANKAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 07-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 3906 of 2015 (F) ------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES :- -------------------------------------------- ANNEXURE-A1: CERTIFIED COPY OF THE PRIVATE COMPLAINT. ANNEXURE-A2: CERTIFIED COPY OF THE F.I.R.
ANNEXURE-A3: CERTIFIED COPY OF THE CHARGE SHEET. ANNEXURE-A4: CERTIFIED COPY OF JUDGMENT IN C.C NO.274/2010 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT - II, KANNUR. ANNEXURE-A5: CERTIFIED COPY OF THE DEPOSITION OF THE 2ND RESPONDENT/PW1 IN C.C. 274/2010 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT - II, KANNUR.
RESPONDENT(S)' ANNEXURES :- NIL --------------------------------------------- //TRUE COPY// P.A.TO JUDGE
P.UBAID, J.
============================ Crl.M.C.No.3906 of 2015 ============================ Dated this the 7th day of October, 2015
ORDER
The petitioner herein is the original 5th accused in C.C.No.274 of 2010 of the Judicial First Class Magistrate CourtII, Kannur. The other four accused faced trial before the learned Magistrate, and obtained a judgment of acquittal on 13.08.2013. The case against the petitioner herein was split up and refiled, when she absconded. Later, she surrender before the learned Magistrate, and now the case is pending as C.C.No.545 of 2015. The petitioner seeks orders quashing the prosecution as against her on the ground that the very substratum of the prosecution case stands lost due to the acquittal of the accused Nos. 1 to 4.
2.
The second respondent herein is the defacto complainant. She has filed statement of objection that she has already preferred an appeal against the judgment of
Crl.M.C.No.3906 of 2015 2 acquittal before the Court of Session, Thalassery as Crl.Appeal No.330 of 2013. When the judgment of acquittal is under challenge, the petitioner cannot seeks orders quashing the prosecution against him. I am not inclined to allow the petitioner's request at this stage, when appeal against the acquittal is pending. Without prejudice to the petitioner's right to bring appropriate proceeding, subject to the result of the appeal, this Crl.M.C. can be closed.
In the result, this Crl.M.C. is dismissed, without prejudice to the right of the petitioner to bring appropriate proceeding at a later stage, subject to the result of the appeal challenging the acquittal of the accused Nos. 1 to 4.
Sd/- P.UBAID JUDGE //TRUE COPY// P.A. TO JUDGE