Balu 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. 5087 of 2015 () --------------------------- CC. NO.868/2014 IN CC. NO.1007/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PERINTHALMANNA.
CRIME NO. 71/2011 OF PERINTHALMANNA POLICE STATION, MALAPPURAM DIST. ......
PETITIONER/ACCUSED:
----------------------------------- BALU, S/O.ARAVINDAKSHAN, AGED 24 YEARS, KUNNATH HOUSE, ERAVIMANGALAM, PERINTHALMANNA, MALAPPURAM DISTRICT.
BY ADVS.SRI.P.SAMSUDIN, SRI.K.C.ANTONY MATHEW, SRI.JITHIN LUKOSE.
RESPONDENTS/STATE:
------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
(SUB INSPECTOR OF POLICE, PERINTHALMANNA POLICE STATION IN MALAPPURAM DISTRICT).
BY PUBLIC PROSECUTOR SRI.GITHESH. R.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
Crl.MC.No. 5087 of 2015 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A1:
THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.71/2011 OF PERINTHALMANNA POLICE STATION. ANNEXURE A2:
TRUE COPY OF THE ORDER DATED 30.08.2014 IN CC.1007/2013 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PERINTHALMANNA.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY// P.A. TO JUDGE rs.
ALEXANDER THOMAS, J.
================== Crl.M.C No.5087 of 2015 ================== Dated this the 7th day of August 2015
O R D E R
The petitioner herein is original accused No.7 in Crime No. 71/2011 of Perinthalmanna Police Station, for offences registered under Secs.143, 147, 148, 447, 427 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.C.No.868/2014 on the file of the Judicial First Class Magistrate's Court-I, Perinthalmanna. After meticulous appraisal of the evidence on record, the trial court concluded in Anx.A2 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.5087 of 2015 - : 2 :- co-accused persons as per Anx.A2 judgment.
2.
Heard Sri.P.Shamsudin, learned counsel for the petitioner and the learned Public Prosecutor appearing for the respondent State of Kerala.
3.
On a perusal of Anx.A2 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.A2 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 Anx.A1 final report/charge sheet filed in the impugned Crime No. 71/2011 of Perinthalmanna Police Station, which has led to the pendency of C.C.No.868/2014 on the file of the Judicial First Class Magistrate's Court-I, Perinthalmanna, and all
Crl.M.C No.5087 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