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High Court of KeralaCrl.MC/6806/2014allowed

Shylaj v. State Of Kerala

2015-02-03Honourable Mr. Justice P.Ubaid4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 3RD DAY OF FEBRUARY 2015/14TH MAGHA, 1936 Crl.MC.No. 6806 of 2014 ------------------------- IN CC 745/2002 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT -I, ATTINGAL PETITIONERS/A1 & A2 (ORIGINAL A3 & A12):

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1. SHYLAJ, AGED 40 YEARS, S/O. MAITHEENKUNJU, KOPPATHIL VEEDU, DARSANAVATTOM DESOM, NAGAROOR VILLAGE, THIRUVANANTHAPURAM.

2. SHAJAHAN, AGED 38 YEARS, S/O. ABDUL MAJEED, AKKARAVILA VEEDU, NAGAROOR VILLAGE, THIRUVANANTHAPURAM.

BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT/STATE :

----------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, ATTINGAL POLICE STATION REPRESENTED THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.

BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 6806 of 2014 ----------------------- APPENDIX PETITIONERS' ANNEXURES:

----------------------- ANNEXURE A : COPY OF THE FINAL REPORT IN CRIME NO.457/2000 OF ATTINGAL POLICE STATION.

ANNEXURE B : CERTIFIED COPY OF THE JUDGMENT DTD.19.8.2006 IN CC NO.745/2002 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ATTINGAL.

ANNEXURE C : CERTIFIED COPY OF THE JUDGMENT DTD.24.1.2012 IN CC NO.1716/2006 OF THE JUDICIAL 1ST CLASS MAGISTRATE COURT-I, ATTINGAL.

ANNEXURE D : CERTIFIED COPY OF THE DEPOSITION OF PW1 IN CC NO.1716/2006 ON THE FILE OF THE JUDICIAL 1ST CLASS MAGISTRATE COURT-I, ATTINGAL.

ANNEXURE E : CERTIFIED COPY OF THE DEPOSITION OF PW3 IN CC NO.1716/2006 ON THE FILE OF THE JUDICIAL 1ST CLASS MAGISTRATE COURT-I, ATTINGAL.

RESPONDENT'S ANNEXURES:

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

P.UBAID, J.

--------------------------------------- Crl.M.C No.6806 of 2014 --------------------------------------- Dated this the 3rd day of February, 2015 O R D E R The petitioners herein are the original accused Nos.3 and 12 in C.C No.745/2002 of the Judicial First Class Magistrate Court I, Attingal. The offences involved in this case are under Sections 143, 147, 148, 149, 341 and 332 r/w 149 of the Indian Penal Code. The other accused faced trial at two different stages in the trial court in C.C No.745/2002 and C.C No.1716/2006 and obtained judgment of acquittal under Section 248(1) of the Code of Criminal Procedure when nobody supported the prosecution in view of an amicable settlement made by the parties out of court. The prosecution examined five witnesses and marked Exts.P1 to P4 in C.C No.745/2002 and examined four witnesses and marked Exts.

P1and P2 in C.C No.1716/2006. When nobody supported the prosecution, examination of the remaining witnesses was dispensed with, and evidence was closed by the trial court. In the absence of any evidence or incriminating circumstance, the learned Magistrate acquitted all the other accused. The case against the petitioners herein was split up and refiled as C.C No.77/2012 before the same court.

Crl.M.C No.6806 of 2014 petitioners now seek orders quashing the prosecution as against them on the ground that the very substratum of the prosecution case is totally lost by acquittal of the others, and continuance of prosecution against them will not serve any purpose. Annexure B and C judgments will show that all the material witnesses examined by the prosecution in the said cases 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 petitioners 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 petitioners in C.C No.

77/2012 before the Judicial First Class Magistrate Court I, Attingal will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioners will stand released from prosecution, and the bail bond, if any, executed by them will stand discharged.

P.UBAID JUDGE ab