IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
CRL.MC NO. 2145 OF 2021
CRIME NO.381/1997 OF HOSDURG POLICE STATION PENDING AS CC
271/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,HOSDRUG
PETITIONER/ACCUSED:
KOVVAL RAJAN
AGED 57 YEARS
S/O. KRISHNAN, KOVVAL, HOSDURG VILLAGE, HOSDURG
TALUK, KASARAGOD DISTRICT.
BY ADV A.ARUNKUMAR
RESPONDENTS/COMPLAINANT/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, 682 031.
2 THE STATION HOUSE OFFICER,
HOSDURG POLICE STATION, (CRIME NO. 381 OF 1997),
HOSDURG TALUK-671 315
SRI.SANAL P.RAJ-PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
29.04.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 2145 OF 2021
2
ORDER
The petitioner is the accused in C.C No. 271/2021 on the files of the Judicial Firist Class Magistrate Court-I, Hosdurg registered offences punishable under Sections 143,147,148,323,324,341,427 read with 149 of IPC.
2. Heard.
3. It is submitted by the learned counsel for the petitioner that the petitioner is the 4th accused in the crime and accused Nos.1 to 3 were acquitted after trial in C.C.No. 1259/1997 under Section 248(1) of Cr.P.C finding that the prosecution has failed to prove the case against the accused. Moreover, the main ground on which accused Nos.1 to 3 were acquitted is that he could not identify assailants, since the incident took place at night. In view of the said categorical finding in C.C.No.1259/1997, I am of the opinion that, even if the trial is proceeded against the petitioner/4th accused, he can only be acquitted. In view of the above matter, I am inclined to quash the final report in Crime No.381/1997 of Hosdurg Police Station, now pending as C.C.No.271/2021 on the files of the Judicial First Class Magistrate Court, Hosdurg in exercise of the inherent power under Section 482 Cr.P.C, to meet the ends of justice and accordingly, I do so.
In the result, this Crl.M.C. stands allowed.
Sd/-BASANT BALAJI, JUDGE lsn CRL.MC NO. 2145 OF 2021 3 APPENDIX OF CRL.MC 2145/2021 PETITIONER ANNEXURES ANNEXURE A1 CERTIFIED COPY OF THE F.I.S IN CRIME NO.381 OF 1997 OF HOSDURG POLICE STATION, KASARAGOD.
ANNEXURE AII CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 381 OF 1997 OF HOSDURG POLICE STATION, KASARAGOD.
ANNEXURE AIII CERTIFIED COPY OF THE JUDGMENT DATED 26.05.2000 IN C.C. NO. 1259 OF 1997 OF JUDICIAL FIRST CLASS MAGISTRATE I, HOSDURG.
RESPONDENTS EXHIBITS: NIL TRUE COPY P.A TO JUDGE