Chandran @ Dts Chandran vs State Of Kerala
2021 Latest Caselaw 13739 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
           THE HONOURABLE MR. JUSTICE ASHOK MENON
   FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943
                    CRL.MC NO. 1119 OF 2021

 AGAINST THE ORDER IN SC NO.477/2018 OF ADDITIONAL DISTRICT
     COURT & SESSIONS COURT - III, KASARAGOD, KASARGOD
PETITIONER/ACCUSED:

         CHANDRAN @ DTS CHANDRAN,
         AGED 41 YEARS,
         S/O KUNHIRAMAN, ARAMNAGANAM,
         BARA VILLAGE AND POST,
         HOSDURG TALUK, KASARAGOD DISTRICT

         BY ADV SRI.S.JIJI


RESPONDENT/STATE:

         STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA, HIGH COURT POST,
         ERNAKULAM-682 031.
OTHER PRESENT:

         SMT.REKHA.C.NAIR, SRPP

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 02.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Crl.M.C.No.1119/2021

                                         -:2:-




                        Dated this the 2nd day of July,2021

                                    O R D E R

Petitioner is the second accused in Crime

No.312/2009 of Bakel Police Station, for having

allegedly committed offences punishable under

Sections 323, 324 and 308 read with Section 34 of

the Indian Penal Code, 1860.

2. The petitioner was absconding and the case

against him was split up and against the remaining

accused Accused Nos.1, 3 and 4 trial was conducted

as S.C.No.896/2012. After examining the witnesses,

it was found that there is no evidence at all and

the accused persons, who faced trial were all

acquitted under Section 232 of the Code of the

Code of Criminal Procedure,1973(for short, 'the

Cr.P.C.) vide Annexure-A3 judgment dated

09.04.2014. The same has now become final since no

appeal has been preferred. It is seen that all the

prime witnesses, including CW1 and CW2, who got

injured turned hostile and no one supported the

prosecution case. In view of the

judgment(Annexure-A3), substratum of the

prosecution case has been lost.

Crl.M.C.No.1119/2021

3. The learned Public Prosecutor submits that

the injured were contacted over phone. They have

stated that they are not interested in prosecuting

the case.

Under the circumstances, no purpose would be

served to proceed against the petitioner. Hence,

this Crl.M.C. is allowed. The entire proceedings

as against the petitioner in Crime No.312/2009 of

Bakel Police Station, presently pending before the

Additional Sessions Court-III, Kasargod, as

S.C.No.477/2018, stands quashed under Section 482

of the Code of Criminal Procedure,1973 and the

accused is discharged and set at liberty.

All pending interlocutory applications will

stand closed.

Sd/-

                                          ASHOK MENON,JUDGE

DST                                                      //True copy/

                                                        P.A.To Judge
 Crl.M.C.No.1119/2021






                           APPENDIX
PETITIONER'S EXHIBITS:



ANNEXURE A1            TRUE COPY OF FIRST INFORMATION REPORT

IN CR.312/2009 OF BAKEL POLICE STATION

ANNEXURE A2 CERTIFIED COPY OF FINAL REPORT IN CR.

312/2009 OF BAKEL POLICE STATION FILED BEFORE THE JUDICIAL 1 CLASS MAGISTRATE COURT-II,HOSDURG

ANNEXURE 3 TRUE COPY OF JUDGMENT IN SC NO 896/2012 ON THE FILE OF ADDL SESSIONS COURT III, KASARAGOD DATED 9.4.2014

RESPONDENTS' EXHIBITS: NIL