CRL.MC NO. 2559 OF 2021
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 26TH DAY OF MAY 2021 / 5TH JYAISHTA, 1943
CRL.MC NO. 2559 OF 2021
(CRIME NO.609 OF 2014 OF HOSDURG POLICE STATION AND NOW THE
CASE IS PENDING AS CP.NO.15 OF 2021 ON THE FILES OF THE
JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HOSDURG)
PETITIONER/8TH ACCUSED:
PRASAD V.P
AGED 27 YEARS
S/O. RAVEENDRAN, VAZHIKKEPURAYIL (H), ADOT, AJANUR
VILLAGE, KASARAGOD, PIN-671 531.
BY ADVS.
RAHUL SASI
SMT.NEETHU PREM
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031.
2 STATIOPN HOUSE OFFICER
HOSDURG POLICE STATION, KASARAGOD DISTRICT-671
531.
PP SMT.MAYA M.N
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
26.05.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
CRL.MC NO. 2559 OF 2021
2
ORDER
Crl.M.C is filed by the eighth accused in Crime No.609 of 2014 of the Hosdurg Police Station, now pending as CP.No.15 of 2012. The allegation of the prosecution was that, on 24.05.2014 at 7 pm., the petitioner along with the co-accused formed into an unlawful assembly and attacked the defacto complainant and others using stone and iron rod. Pursuant to the FIR registered, investigation was completed and final report was laid as Annexure-A1 for offences punishable under Sections 143, 147, 148, 341, 323, 324, 308 read with Section 149 of the Indian Penal Code. The petitioner herein remained absent and all other accused faced the trial. By Annexure-A2 judgment, the learned Sessions Judge acquitted all the other accused due to lack of evidence. Proceedings against the petitioner proceeded and is now pending as CP.No.15 of 2021 of the Judicial First Class Magistrate Court-I, Hosdurg.
2. The specific contention of the learned counsel for the petitioner is that none of the witnesses identified any of the accused and did not support the prosecution case in any manner. There was no evidence against any of the accused, CRL.MC NO. 2559 OF 2021 3 who had appeared before the court below and faced the trial. I have perused Annexure-A2. It shows that PW1 to PW3, who were the injured witnesses deposed that though they were attacked by some persons they could not identify the assailants. PW1 further stated that he had furnished the names of the accused under a misconception. Hence the court below on an evaluation of the entire evidence concluded that there was no evidence against any of the accused who had faced the trial. Consequently, they were acquitted.
3. There is nothing on record to show that this judgment has been challenged in any further proceedings. Evidently, it has become final. In the light of the finding by the trial court regarding the office alleged against the remaining accused and their acquittal, it seems that the substratum of the prosecution case is shattered. No purpose will be served by proceeding against the petitioner herein.
4. However, it is to be noted that the petitioner did not face trial before the court below. He remained absent till 2019. He approached this Court much belatedly and due to his absence the court proceedings were delayed. Having considered this, I am inclined to quash the entire proceedings subject to payment of cost for causing delay the judicial CRL.MC NO. 2559 OF 2021 4 proceedings of Rs.3000/- (Rupees three thousand only) by the petitioner. Accordingly, Crl.M.C. will stand quashed and all further proceedings against the petitioner herein in CP.No.15 of 2021 on the files of the Judicial First Class Magistrate's Court-I, Hosdurg, will stand quashed on condition the petitioner deposits a sum of Rs.3000/- (Rupees three thousand only) before the District Legal Service Authority, Kasaragod within one month from today.
Crl.M.C. is allowed.
Sd/-
SUNIL THOMAS, JUDGE R.AV CRL.MC NO. 2559 OF 2021 5 APPENDIX PETITIONER'S/S /EXHIBITS:
ANNEXURE A1 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.609 OF 2014 OF HOSDURG POLICE STATION.
ANNEXURE A2 THE CERTIFIED COPY OF THE
JUDGMENT DATED 27.5.2019 IN
S.C.NO.456 OF 2016 OF ADDL.
SESSIONS COURT-II, KASARAGOD.
RESPONDENT'S/S EXHIBITS NIL