Jose vs State Of Kerala
2021 Latest Caselaw 10986 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

                THE HONOURABLE MR.JUSTICE V.G.ARUN

   WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                    Crl.MC.No.5738 OF 2020(F)

   AGAINST THE ORDER/JUDGMENT IN SC 1084/2013 OF PRINCIPAL SUB
                        COURT,TRIVANDRUM

  CRIME NO.764/2012 OF THUMBA POLICE STATION, THIRUVANANTHAPURAM


PETITIONERS/A1 TO A8:

      1      JOSE
             AGED 43 YEARS
             S/O SOLOMON, THYVILAKOM HOUSE, SOUTH THUMBA,
             POWNDUKADAVU WARD, ATTIPRA VILLAGE,
             THIRUVANANTHAPURAM DISTRICT

      2      EDISON,
             AGED 38 YEARS
             S/O SOLOMON, THYVILAKOM HOUSE, SOUTH THUMBA,
             POWNDUKADAVU WARD, ATTIPRA VILLAGE,
             THIRUVANANTHAPURAM DISTRICT

      3      JUDE @ PRASHANTH,
             AGED 33 YEARS
             S/O MICHAEL, THYVILAKOM HOUSE, SOUTH THUMBA,
             POWNDUKADAVU WARD, ATTIPRA VILLAGE,
             THIRUVANANTHAPURAM DISTRICT

      4      STEPHEN,
             AGED 55 YEARS
             S/O JUSAKORA, KUZHIVILAKOM HOUSE, VALIAVELI,
             POWNDUKADAVU WARD, ATTIPRA VILLAGE,
             THIRUVANANTHAPURAM DISTRICT

      5      BAIJU,
             AGED 32 YEARS
             S/O SOLOMON, THYVILAKOM HOUSE, SOUTH THUMBA,
             POWNDUKADAVU WARD, ATTIPRA VILLAGE,
             THIRUVANANTHAPURAM DISTRICT

      6      BEN,
             AGED 28 YEARS
             S/O BABU, THYVILAKOM HOUSE, SOUTH THUMBA,
             POWNDUKADAVU WARD, ATTIPRA VILLAGE,
             THIRUVANANTHAPURAM DISTRICT
 CRL.M.C.NO.5738 OF 2020
                                 2

       7       STALIN,
               AGED 43 YEARS
               S/O KOCHAPPAN, THYVILAKOM HOUSE, SOUTH THUMBA,
               POWNDUKADAVU WARD, ATTIPRA VILLAGE,
               THIRUVANANTHAPURAM DISTRICT

       8       SHAIJU,
               AGED 26 YEARS
               S/O BABU, THYVILAKOM HOUSE, SOUTH THUMBA,
               POWNDUKADAVU WARD, ATTIPRA VILLAGE,
               THIRUVANANTHAPURAM DISTRICT

               BY ADV. SRI.SHAJIN S.HAMEED

RESPONDENTS/STATE, CW1 TO CW4:

       1       STATE OF KERALA
               REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
               KERALAL, ERNAKULAM

       2       FAXON JOSEPH
               AGED 42 YEARS
               S/O JOSEPH FERNANDEZ, JESUS DALE, KALLUMMOODU,
               ANAYARA DESOM, PETTAH VILLAGE, THIRUVANANTHAPURAM
               DISTRICT, PIN CODE-695 024.

       3       ANTONY ALBERT
               S/O ALBERT, EVERGREEN HOUSE, VTVRA 48, TC 32/329,
               KOCHUVELI TOURIST VILLAGE, VETTUCADU WARD,
               KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM DISTRICT
               (DIED ON 14.12.2019) REPRESENTED BY HIS SON FAXON
               JOSEPH (4TH RESPONDENT)

       4       MARSHAL ANTONY
               AGED 46 YEARS
               S/O ANTONY ALBERT, EVERGREEN HOUSE, VTVRA 48,
               T.C.32/329, KMOCHUVELI TOURIST VILLAGE, VETTUKADU
               WARD, KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM
               DISRICT, PIN CODE 695 021.

       5       RUBANS JOSEPH
               AGED 58 YEARS
               S/O JOSEPH FERNANDEZ, REENA COTTAGE, VALIAVELI,
               POWNDUKADAVU WARD, ATTIPRA VILLAGE,
               THIRUVANANTHAPURAM DISTRICT, PIN CODE-695 581.

               R2, R5 BY ADV. BIJU VARGHESE ABRAHAM

OTHER PRESENT:

               PP M.R.DHANIL
 CRL.M.C.NO.5738 OF 2020
                              3


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.NO.5738 OF 2020
                                     4




                                 ORDER

Dated this the 7th day of April 2021

The prayer in this Criminal M.C. is to quash

further proceedings in S.C.No.1084/2013 on the files

of the Principal Assistant Sessions Court,

Thiruvananthapuram, wherein the petitioners figures

as accused Nos. 1 to 8. The offences alleged are

those punishable under Sections 143, 147, 148, 149,

294(b), 323, 324, 326, 427 & 308 of I.P.C.

2. The prayer for quashing the proceedings is

founded on a settlement arrived at between the

petitioners and the injured persons. The offences

alleged being under Sections 326 & 308 and the

learned Public Prosecutor having reported that the

petitioners have criminal antecedents, I am not

inclined to quash the proceedings based on the

settlement.

3. Learned Counsel for the petitioners submits CRL.M.C.NO.5738 OF 2020

that the case has been pending from 2013 onwards,

and substantial prejudice is being caused to the

accused in their search for employment due to the

pendency.

4. I find substance in the said submission and

hence, the Principal Assistant Sessions Judge,

Thiruvananthapuram, is directed to take earnest and

sincere efforts to dispose S.C.No.1084/2013 as

expeditiously as possible.

The Criminal M.C. is disposed of with the above

observation.

Sd/-

V.G.ARUN

JUDGE

NB/07.04.2021 CRL.M.C.NO.5738 OF 2020

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO 764/2012 OF THUMBA POLICE STATION

ANNEXURE B AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT/CW1

ANNEXURE C AFFIDAVIT EXECUTED BY THE 4TH RESPONDENT/CW3

ANNEXURE D AFFIDAVIT EXECUTED BY THE 5TH RESPONDENT/CW4

RESPONDENT'S EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE