Shaji v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS FRIDAY, THE 7TH DAY OF AUGUST 2015/16TH SRAVANA, 1937 Crl.MC.No. 5059 of 2015 ------------------------------------- C.P.NO.134/2014 IN JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PATHANAMTHITTA CRIME NO. 915/2006 OF PATHANAMTHITTA POLICE STATION , PATHANAMTHITTA ---------------------- PETITIONER(S)/ACCUSED NO.2 :

------------------------------------------------ SAJI, AGED 33 YEARS, S/O.SASI, RESIDING AT SANTHI NIVAS, MACHIKKATTU COLONY, PAIVALLY BHAGOM, OMALLOOR P.O., PATHANAMTHITTA DISTRICT.

BY ADV. SRI.K.N.RADHAKRISHNAN(THIRUVALLA) RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT : ----------------------------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

Crl.MC.No. 5059 of 2015 ------------------------------------ APPENDIX PETITIONER(S)' ANNEXURES :

A1:

CERTIFIED COPY CHARGE IN CRIME NO. 915/2006 OF PATHANAMTHITTA POLICE STATION.

A2:

COPY OF JUDGMENT IN S.C NO.21/2015 OF THE ASSISTANT SESSIONS COURT, PATHANAMTHITTA DATED 20.03.2015.

RESPONDENT(S)' ANNEXURES :

NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

ALEXANDER THOMAS, J.

================== Crl.M.C No.5059 of 2015 ================== Dated this the 7th day of August, 2015

O R D E R

The petitioner herein is original accused No.2 in Crime No.915/2006 of Pathanamthitta Police Station, for offences registered under Secs. 143, 147, 148, 149, 323, 324 r/w 34 of IPC. All the other accused faced trial and the case against the petitioner herein has subsequently been re-numbered as C.P No.134/2014 on the file of the Judicial First Class Magistrate's Court-I, Pathanamthitta. After meticulous appraisal of the evidence on record, the trial court concluded in Anx.2 judgment that there is no evidence to connect the said co-accused persons with the impugned criminal charges and had accordingly, acquitted the said co-accused. The petitioner has filed the instant criminal case with the prayer for quashment of the impugned criminal proceedings pending against him on the ground that the substratum of the prosecution case has been shattered by the acquittal of the said

Crl.M.C No.5059 of 2015 - : 2 :- co-accused persons as per Anx.2 judgment.

2.

Heard Sri.K.N.Radhakrishnan, learned counsel for the petitioner and the learned Public Prosecutor appearing for the respondent State of Kerala.

3.

On a perusal of Anx.2 judgment it can be seen that the trial court has conclusively held that there is no evidence to connect the said co-accused persons with the impugned charges and acquitted the said co-accused persons. From a mere reading of Anx.2 judgment it is crystal clear that the substratum of the prosecution has been shattered by the acquittal of the said co-accused persons. No meaningful purpose will be subserved by prolonging the agony of the impugned criminal proceedings now pending against the petitioner. Any further continuance of the impugned criminal proceedings would amount to mere wastage of precious resources of the State including that of the judiciary. In this view of the matter, it is ordered in the interest of justice that the impugned Crime No.915/2006 of Pathanamthitta Police Station, which has led to the pendency of C.P No.134/2014 on the file of the Judicial First Class Magistrate's Court-I, Pathanamthitta, and all

Crl.M.C No.5059 of 2015 - : 3 :- further proceedings arising therefrom pending against the petitioner herein stand quashed.

With these observations and directions, the Criminal Miscellaneous Case stands finally disposed of. sd/- sab ALEXANDER THOMAS, JUDGE