Sony Samuel vs Aniyan
2021 Latest Caselaw 16954 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                    THE HONOURABLE MR. JUSTICE ASHOK MENON

          THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943

                           CRL.MC NO. 2587 OF 2021

         CRIME NO.432/2014 OF Aranmula Police Station, Pathanamthitta

  TO QUASH ANNEXURE A1 FINAL REPORT AND ALL FURTHER PROCEEDINGS IN SC NO

   895/2018 ON THE FILES OF DISTRICT AND SESSIONS COURT, PATHANAMTHITTA

PETITIONER/1ST ACCUSED:

             SONY SAMUEL,
             AGED 29 YEARS,
             S/O. SAMUEL MATHEW,
             CHARIVUKALAYIL HOUSE,
             KANJIRAVELI,
             MALAPPUZHASERRY VILLAGE,
             PATHANAMTHITTA DISTRICT - 689 652.

             BY ADVS.
             ARUN.B.VARGHESE
             SMT. AISWARYA V.S.


RESPONDENTS/DE FACTO COMPLAINANT AND STATE:

     1       ANIYAN,
             AGED 49 YEARS,
             S/O. BHASKARAN,
             KAITHAVILAKIZHAKETHIL,
             KOIPALLY KARIMA MURI,
             PERINGALA VILLAGE,
             MAVELIKKARA TALUK,
             ALAPPUZHA DISTRICT - 689505.

     2       STATE OF KERALA,
             PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA,
             ERNAKULAM - 682 031.

             BY ADV JAYKAR.K.S.
             SR.C.S.HRITHWIK - SR.PP



      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12.08.2021,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.M.C.No.2587 of 2021

                                  2



                              ORDER

Dated this the 12th day of August, 2021

The petitioner is the 1st accused in Crime No.432 of

2014 of Aranmula Police Station. The petitioner was absconding

and the final report was filed and taken on file as S.C.No.895 of

2018, before the District and Sessions Court, Pathanamthitta, for

having allegedly committed offences punishable under Sections

341, 395, 427 of the IPC.

2. The accused who faced trial were found not guilty and

acquitted vide Annexure AII judgment. The case against the

petitioner has been split up and refiled as S.C.No.895 of 2018 on

the files of the same court. The petitioner states that the matter

has been settled and since none of the witnesses have testified

against the accused, who faced the trial, the substratum of the

prosecution case has been lost. And, hence, seeks quashing of

the proceedings as against him. A reading of Annexure AII

judgment indicates that all the key witnesses have turned hostile

to the prosecution. And, therefore, conviction was not possible.

Proceedings with the trial as against the petitioner would be sheer

wastage of time, since the substratum of the prosecution Crl.M.C.No.2587 of 2021

case has been lost. The judgment against the rest of the accused

has become final.

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

proceedings as against the petitioner in Crime No.432 of 2014 of

Aranmula Police Station, which is presently pending as S.C.No.895

of 2018 on the files of the District and Sessions Court,

Pathanamthitta, stands quashed under Section 482 Cr.P.C and the

accused is discharged and set at liberty.

Sd/-

ASHOK MENON JUDGE

NR/12/08/2021 Crl.M.C.No.2587 of 2021

APPENDIX

PETITIONER'S ANNEXURE ANNEXURE AI CERTIFIED COPY OF THE FINAL REPORT IN SC NO.895/2018 NOW PENDING ON THE FILES OF DISTRICT AND SESSIONS COURT, PATHANAMTHITTA.

ANNEXURE AII TRUE COPY OF THE JUDGMENT DATED 16.10.2018 IN SC NO.54/2016 OF THE ADDITIONAL SESSIONS JUDGE -II, PATHANAMTHITTA.

ANNEXURE AIII CERTIFIED COPY OF THE DEPOSITION OF PW1 IN SC NO.895/2018 BEFORE DISTRICT AND SESSIONS COURT, PATHANAMTHITTA.

ANNEXURE AIV CERTIFIED COPY OF THE DEPOSITION OF PW2 IN SC NO.895/2018 BEFORE DISTRICT AND SESSIONS COURT, PATHANAMTHITTA.

ANNEXURE AV CERTIFIED COPY OF THE DEPOSITION OF PW3 IN SC NO.895/2018 BEFORE DISTRICT AND SESSIONS COURT, PATHANAMTHITTA.

ANNEXURE AVI CERTIFIED COPY OF THE DEPOSITION OF PW4 IN SC NO.895/2018 BEFORE DISTRICT AND SESSIONS COURT, PATHANAMTHITTA.

ANNEXURE AVII CERTIFIED COPY OF THE DEPOSITION OF PW5 IN SC NO.895/2018 BEFORE DISTRICT AND SESSIONS COURT, PATHANAMTHITTA.

  RESPONDENT'S ANNEXURE

  ANNEXURE R1(a)          AFFIDAVIT FILED BY THE PETITIONER HEREIN/1ST
                          RESPONDENT IN CRL.M.C




                    //TRUE COPY//      PA   TO JUDGE