Jayesh N.M vs State Of Kerala
2021 Latest Caselaw 16254 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                     THE HONOURABLE MR. JUSTICE ASHOK MENON

         WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943

                             CRL.MC NO. 1906 OF 2021

  CRIME NO.62/2015 OF BAKEL POLICE STATION, KASARAGOD DISTRICT ORIGINALLY

NUMBERED AS C.C NO:364/2015 NOW PENDING AS C.C. NO.120/2021 ON THE FILES OF

                    JUDICIAL 1ST CLASS MAGISTRATE II, HOSDURG

PETITIONER/ACCUSED NO.2:

            JAYESH N.M,
            AGED 31 YEARS
            S/O. NARAYANAN P.K,
            "KOOLIKKUNNU HOUSE", MANGAD,
            BARA VILLAGE,
            KASARAGOD-671 319

            BY ADV P.K.SUBHASH


RESPONDENT/STATE:

            STATE OF KERALA,
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA,
            ERNAKULAM-682 031


OTHER PRESENT:

            SRI.T.R.RENJITH-PP



      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.08.2021,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.M.C.No.1906 of 2021

                                       2




                                 ORDER

Dated this the 04th day of August, 2021

The petitioner is the accused No.2 in Crime No.62 of

2015 of Bakel Police Station, Kasaragod. The petitioner was

absconding and the final report filed by the Police against the rest

of the accused was taken on file as C.C.No.364/2015, on the files

of the Judicial First Class Magistrate Court-II, Hosdurg and they

faced the trial. PW1 is the injured. He did not appear before the

court to testify despite coercive steps taken against him. The rest

of the witnesses were examined and they turned hostile as is

evidenced from Annexure-A III judgment. Hence, the 1 st accused,

who faced trial was found not guilty and acquitted.

2. The case against the petitioner, who is the 2 nd accused

was split up and re-filed as C.C.No.1402 of 2017 and

subsequently, it was re-filed as C.C.No.120/2021 and is pending

trial on the Judicial First Class Magistrate Court-II, Hosdurg. The

petitioner states that he was abroad and therefore could not

appear and the learned Public Prosecutor submits that PW1 is no

more and therefore he cannot be examined. The rest of the Crl.M.C.No.1906 of 2021

witnesses have already turned hostile in the main case which was

tried against the 1st accused. The substratum of the prosecution

case has therefore been lost and proceeding with the trial against

the petitioner would be a sheer wastage of time.

Hence, the Crl.M.C is allowed and the entire

proceedings as against the petitioner alone in Crime No.62 of

2015 of Bakel Police Station, Kasaragod, which is presently

pending as C.C.No.120/21 on the files of the Judicial First Class

Magistrate Court-II, Hosdurg, stands quashed under Section 482

Cr.P.C and the accused is discharged and set at liberty.

Sd/-

ASHOK MENON JUDGE

NR/04/08/2021 Crl.M.C.No.1906 of 2021

APPENDIX

PETITIONER'S ANNEXURE ANNEXURE A1 CERTIFIED COPY OF THE F.I.R IN CRIME NO. 62/2015 OF BAKEL POLICE STATION, KASARAGOD DISTRICT.

ANNEXURE AII CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.

62/2015 OF BAKEL POLICE STATION, KASARAGOD DISTRICT.

ANNEXURE AIII CERTIFIED COPY OF THE JUDGMENT DATED 18.11.2017 IN C.C. NO. 364/2015 BY THE JUDICIAL FIRST CLASS MAGISTRATE, II HOSDURG.

                      //TRUE COPY//       PA   TO JUDGE