Kerala High Court
Nidhin Mathew vs State Of Kerala on 17 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 17TH DAY OF AUGUST 2021 / 26TH SRAVANA, 1943
CRL.MC NO. 3158 OF 2021
ARISING FROM CC 1019/2017 OF JFCM, KOTTAYAM
PETITIONER/8TH ACCUSED:
NIDHIN MATHEW,
AGED 29 YEARS, S/O. MATHEW, VENIEPPURACKAL HOUSE,
ERIKADU KARA, PUTHUPPALLY VILLAGE, KOTTAYAM DISTRICT NOW
RESIDING AT 321, ALBERTA PLACE, PRINCE RUPERT, BRITISH
COLUMBIA, CANADA.
BY ADV A.ARUNKUMAR
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, KOCHI 682 031.
OTHER PRESENT:
SANAL P.RAJ(GP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Crl. M.C. No.3158/2021 -2-
ORDER
The petitioner is the 8th accused in Crime No.1055/2014 of Kottayam East
Police Station. The crime was registered alleging commission of offences under
Sections 143, 145 read with Section 149 of IPC. The gist of the allegation is that
the petitioner along with other accused uttered slogans in front of Kottayam East
Police Station demanding the arrest of the accused in Crime No.1048/2014. It is
alleged that the accused had obstructed the activities of the police station
despite the direction of the Sub Inspector of Police to disperse. It submitted that
following filing of a final report cognizance was taken in the matter by the
Judicial First Class Magistrate, Kottayam as CC No.3/2015. The petitioner who
was studying abroad at the time when the summons was issued in CC No.3/2015
could not appear before the court and face trial. Following the trial of CC
No.3/2015, accused Nos.1 to 4, 6, and 9 to 13 were acquitted as can be seen from
Annexure-V judgment. The case against the petitioner who was the 8th accused
together with that against accused Nos. 5 & 7 was split up and renumbered as CC
No.1019/2017. It is submitted that the petitioner has secured a work permit and
also an offer to apply for permanent residence in Canada. It is submitted that he
was required to submit a police clearance certificate and it was only when the
petitioner's father applied for a police clearance certificate that the petitioner
came to know that he was an accused in the matter. It is also submitted that CC
No. 1019/2017 has been now transferred to the long-pending register as LP
No.20/2019.
2. I have heard the learned counsel for the petitioner and the learned
Public Prosecutor appearing for the State of Kerala.
3. Moosa v. Sub Inspector of Police; 2006 (1) KLT 552, (F.B) is
authority for the proposition that normally the acquittal of co-accused will not
be a ground for quashing proceedings against another accused, who did not face
trial. However, it was observed that if the substratum of the prosecution case has
been shattered and proceeding with the case against the accused who did not
face trial would be futile and will amount to wastage of judicial time, then this
Court can invoke the power under Section 482 of the Code to quash the
proceedings. Considering the nature of the offence and the facts and
circumstances of this case, I am of the view that prosecution of the petitioner, in
this case, will be a futile exercise. I am, therefore, of the opinion that the
jurisdiction of this court can be exercised to quash the proceedings against the
petitioners. Accordingly this Crl. M.C. is allowed and proceedings in CC
No.1019/2017 now pending as LP 10/2019 on the file of the Judicial First Class
Magistrate Court, Kottayam will stand quashed as against the petitioner.
Sd/-
GOPINATH P.
JUDGE
AMG
APPENDIX OF CRL.MC 3158/2021
PETITIONER ANNEXURE
Annexure 1 A TRUE COPY OF THE FIRST INFORMATION REPROT DATED
01.10.2014 IN CRIME O. 1055 OF 2014 OF THE KOTTAYAM
EAST POLICE STATION, KOTTAYAM DISTRICT.
Annexure II CERTIFIED COPY OF THE FINAL REPORT DATED 20.11.2014
IN CRIME NO. 1055 OF 2014 OF THE KOTTAYAM EAST POLICE
STATION, KOTTAYAM DISTRICT.
Annexure III A TRUE COPY OF THE CERTIFIED DATE 201.22017 ISSUED BY
THE SELKIRK COLLEGE CANADA.
Annexure IV A TRUE COPY OF THE INTIMATION DATED 24.06.2021 ISSUED
BY THE GOVERNMENT OF CANADA TO THE PETITIONER.
Annexure V CERTIFIED COPY OF THE JUDGMENT DATED 28.04.2017 IN
CC. NO. 3 OF 2015 OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, KOTTAYAM.
