Ajithkumar vs State Of Kerala
2021 Latest Caselaw 13252 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE ASHOK MENON
       THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943
                         CRL.MC NO. 1806 OF 2021
 AGAINST THE ORDER/JUDGMENT IN LP 63/2016 OF JUDICIAL MAGISTRATE OF
                    FIRST CLASS -III, PUNALUR, KOLLAM
PETITIONER/S:

           AJITHKUMAR
           AGED 56 YEARS
           S/O. RAJAN PILLAI, MANAKKADUPUTHENVEEDU, MUKKADAVU,
           PIRAVANTHUR, KOLLAM DISTRICT-689696.

           BY ADV P.ANOOP (MULAVANA)



RESPONDENT/S:

           STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
           ERNAKULAM-682031.


OTHER PRESENT:

           SMT.M.K.PUSHPALATHA-PP



THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.06.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.MC NO. 1806 OF 2021            2




                            O R D E R

Dated this the 24th day of June 2021

The petitioner is the 1st accused in Crime No.655/1998 of

Punalur Police Station for having allegedly committed offences

punishable under Sections 342 and 323 r/w Section 34 of IPC, which

was taken on the file of the Judicial First Class Magistrate Court-III,

Punalur, but the petitioner was absconding and therefore the case

against him was split up and refiled while the trial proceeded against

the 2nd accused as CC No.144/1999 and the case against the

petitioner was split up as C.C. No.292/2003. The case proceeded

against the 2nd accused and he was found not guilty vide Annexure

A3 judgment.

2. The de facto complainant and the injured were also examined

and he has not stated anything against the 2nd accused who faced

trial. The allegation against the petitioner who is the 1st accused. It

is submitted that the de facto complainant is no more and therefore

no purpose would be served by proceeding with the trial against the

applicant. The case against the petitioner is presently pending as LP

No.63/2016 since he was absconding. He states that he is in Delhi

and employed there. Therefore, in view of the A3 judgment, the

entire proceedings may be quashed under Section 482 of Cr.P.C.

3. Heard the learned counsel for the petitioner and the learned

Public Prosecutor.

4. The learned Public Prosecutor admits that the de facto

complainant is no more, but that alone may not be a reason to quash

the proceedings against the petitioner and on the basis of Annexure

A3 judgment because the discussions made therein are only

regarding the allegations made against the 2nd accused who faced

trial. There is nothing in that judgment to indicate that the petitioner

is not guilty. Under the circumstances, the petition is dismissed.

The petitioner is directed to surrender before the Judicial First

Class Magistrate Court-III, Punalur in LP No.63/2016 and apply for

regular bail. The application so filed by the petitioner shall be

considered and preferably disposed of on the same day and the

petitioner is at liberty to get early and expeditious disposal of the

matter in view of the fact that the de facto complainant is no more.

Sd/-

ASHOK MENON

rmm JUDGE

APPENDIX OF CRL.MC 1806/2021

PETITIONER ANNEXURE

ANNEXURE A1 TRUE COPY OF THE DEATH CERTIFICATE OF THE DEFACTO COMPLAINANT DATED 22.12.20.

ANNEXURE A2 TRUE COPY OF THE FINAL REPORT IN CRIME NO.655/1998 OF THE PUNALUR POLICE STATION, KOLLAM DISTRICT.

ANNEXURE A3 CERTIFIED COPY OF THE JUDGMENT IN CC 144/1999 DATED 19.3.2003 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-111, PUNALUR.