V.Sajith Kumar vs State Of Kerala
2021 Latest Caselaw 9130 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

    THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942

                     Crl.MC.No.415 OF 2013(H)

 AGAINST THE ORDER/JUDGMENT IN CC 135/2005 OF JUDICIAL MAGISTRATE
                    OF FIRST CLASS -I, KANNUR

            CRIME NO.399/1994 OF Kannur Town , Kannur


PETITIONER/2ND ACCUSED:

             V.SAJITH KUMAR
             AGED 40 YEARS
             VAZAKKAYIL HOUSE,
             MONVANCHERY POST,
             KANNUR DISTRICT.

             BY ADVS.
             SRI.SUNIL NAIR PALAKKAT
             SRI.K.N.ABHILASH

RESPONDENT/STATE & DEFACTO COMPLAINANT:

      1      STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA,
             ERNAKULAM-682 030.

      2      THE STATION HOUSE OFFICER
             KANNUR TOWN POLICE STATION,
             KANNUR-670 001.

      3      G.HEERENDRAKAMMATH
             AGED 39 YEARS
             S/O GOPALA KAMMATH,
             THULASI VIHAR,
             THAVAKKARA ROAD,
             KANNUR-670 001.

             R1& R2 BY ADV. SRI. P.K. BABU, SR.PUBLIC PROSECUTOR
             R3 BY ADV. SRI.K.RAJESH SUKUMARAN

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD            ON
18.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.415 OF 2013(H)
                                   2

                             ORDER

Accused No.2 came up to quash the proceedings

against him on the ground that, the case as against

him was split up and re-numbered and the trial was

proceeded against the accused Nos.3 and 4 and ended

in acquittal. The crime was registered alleging

misappropriation of funds by using their respective

status as the employees of the defacato complainant.

The acquittal of accused Nos.3 and 4 may not be a

sufficient ground for exhausting the remedy under

Section 482 Cr.P.C. especially when the allegation

is regarding misappropriation as against the accused

No.2, who was not tried for the said offence. The

present application hence cannot be sustained.

The Crl.M.C is dismissed, without prejudice to

the right of parties to exhaust their normal

remedies including the right to lodge a discharge

petition.

Sd/-

P.SOMARAJAN JUDGE SPV Crl.MC.No.415 OF 2013(H)

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE-A1 THE TRUE COPY OF THE FIR NO:319/1994 DATED 03.06.1994 OF KANNUR TOWN POLICE.

ANNEXURE-A2 THE TRUE COPY OF THE FINAL REPORT DATE 30.09.1996 IN CRIME NO:399/1994

ANNEXURE-A3 THE TRUE COPY OF THE ORAL EVIDENCE OF 3RD RESPONDENT/DEFACTO COMPLAINANT IN CC- 1407/2002 OF JFCM I KANNUR

RESPONDENTS' EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE