Vineesh @ Bineesh Kallintavida vs The State Of Kerala
2021 Latest Caselaw 12349 Ker

Crl.MC.No.2375 OF 2021(F)                 1


                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                 THE HONOURABLE MR. JUSTICE GOPINATH P.

       FRIDAY, THE 07TH DAY OF MAY 2021 / 17TH VAISAKHA, 1943

                            Crl.MC.No.2375 OF 2021(F)

  IN SC 475/2015 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT -
                          IV, KOZHIKODE

PETITIONER/ACCUSED:

                 VINEESH @ BINEESH KALLINTAVIDA, AGED 38 YEARS
                 S/O.CHANDHAMMAN, KALLINTAVIDA HOUSE,
                 KAYALOT THAZHA, CHEKKIAD, KANNUR DISTRICT.

                 BY ADVS.
                 SRI.ABDUL RAOOF PALLIPATH
                 SRI.K.R.AVINASH (KUNNATH)
                 SRI.PRAJIT RATNAKARAN
                 SHRI. RAJ CAROLIN V.

RESPONDENTS/STATE :

        1        THE STATE OF KERALA
                 REPRESENTED BY VALAYAM POLICE STATION,
                 THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
                 ERNAKULAM-682 031.

        2        RATHILESH.N., AGED 36 YEARS
                 S/O.NANU, VALIYA NAMATH, PARAKKADAV, CHEKKIAD,
                 KOZHIKODE DISTRICT-673 509.

        3        JITHESH.N, AGED 37 YEARS
                 S/O.KUNHIRAMAN, NAMATH HOUSE, THANAKKOTTUR,
                 PARAKKADAVU, CHEKKIAD, KOZHIKODE DISTRICT-673 509.

        4        ANIL KUMAR, AGED 39 YEARS
                 S/O.GOVINDAN, CHAKYATT., THANAKKOTTUR,
                 KOZHIKODE DISTRICT-673 509.

                 R1 BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK
                 R2-4 BY ADV. C.H.ABDUL RASAC

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.05.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.2375 OF 2021(F)                        2




                                      GOPINATH P, J
                             ------------------------------------
                              Crl.M.C.No.2375 of 2021
                             ------------------------------------
                            Dated this the 7th day of May, 2021


                                        ORDER

The petitioner is the accused in S.C.No.475/2015 on the

file of the Additional District and Sessions Judge IV, Kozhikode,

arising out of Crime No.60/2009 of Valayam Police Station.

The allegation is that the petitioner along with five others

committed the offences punishable under Sections 143, 147,

148, 323 and 324 r/w 149 IPC and Sections 3 and 5 of the

Explosive Substances Act.

2. The prosecution case is that on 6.4.2009 the

accused formed themselves into an unlawful assembly and

attacked CW1 to CW3 while they were engaged in fixing

posters in Andiyeri, Vadakara Taluk. It was alleged that the

accused attacked CW1 to CW3 and the 3 rd accused caused a

cut injury to the hand of CW1. It is also alleged that the 5 th

accused hurled a steel bomb and caused an explosion resulting

an injury to CW1 and CW2. Annexure 1 is the final report. It

is submitted with reference to Annexure 2 judgment that

accused Nos.1 to 5 were found not guilty of the offences.

Reference is also made to Annexures 3 to 5, which are the

affidavits sworn to by the de facto complainants in Crime

No.60/2009 to show that the matter has been settled

between the parties.

3. On going through the Annexure 2 judgment it is

noticed that the injured persons, who were examined as

PW2 to PW4 (party respondents in this case) had taken a

consistent stand that they did not know as to who had

attacked them. The court therefore found that there is no

evidence to show that the minor injuries suffered by PW2 to

PW4 were caused by the accused persons. This shows that

the substratum of the prosecution case is demolished. That

apart Annexures 3, 4 and 5 affidavits show that the de facto

complainants have no complaints against the petitioner.

4. Considering the aforesaid facts and

circumstances and taking into the account the judgments of

the Hon'ble Supreme Court in Gian Singh vs. State of

Punjab and another [2012(4) KLT 108] and Parbatbhai

Aahir and others vs. State of Gujarat and another

[(2017) 9 SCC 641], I am of the opinion that no useful

purpose will be served by permitting the prosecution to

continue as against the petitioner. It will be a sheer waste

of judicial time. From the aforesaid judgments of the

Hon'ble Supreme Court it is clear that a settlement can also

be taken note of by this Court while exercising the powers

under Section 482 of the Code of Criminal Procedure in

order to quash the proceedings, if the Court feels that the

ends of justice require that the proceedings be quashed.

In the result, this Crl.M.C is allowed. All further

proceedings in S.C.No.475/2015 on the file of the Additional

District and Sessions Judge IV, Kozhikode, arising out of

Crime No.60/2009 of Valayam Police Station will stand

quashed as against the petitioner.

Sd/-

GOPINATH P.

      ab                                      JUDGE





                               APPENDIX
      PETITIONER'S/S EXHIBITS:

      ANNEXURE 1            TRUE COPY OF THE FINAL REPORT WITH
                            FIR IN CRIME NO.60/2009 OF VALAYAM
                            POLICE STATION.

      ANNEXURE 2            TRUE COPY OF THE JUDGMENT DATED
                            28.10.2017 IN SC 475/2015 OF

ADDL.DISTRICT AND SESSIONS COURT IV, KOZHIKODE.

ANNEXURE 3 TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 23.03.2021.

ANNEXURE 4 TRUE COPY OF THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 26.03.2021.

ANNEXURE 5 TRUE COPY OF THE AFFIDAVIT SWORN BY THE 4TH RESPONDENT DATED 23.03.2021.

      RESPONDENTS EXHIBITS      :   NIL