Prasad V.P vs State Of Kerala
2021 Latest Caselaw 12561 Ker

CRL.MC NO. 2559 OF 2021
                                    1

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
              THE HONOURABLE MR. JUSTICE SUNIL THOMAS
   WEDNESDAY, THE 26TH DAY OF MAY 2021 / 5TH JYAISHTA, 1943
                      CRL.MC NO. 2559 OF 2021


(CRIME NO.609 OF 2014 OF HOSDURG POLICE STATION AND NOW THE
    CASE IS PENDING AS CP.NO.15 OF 2021 ON THE FILES OF THE
      JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HOSDURG)

PETITIONER/8TH ACCUSED:

          PRASAD V.P
          AGED 27 YEARS
          S/O. RAVEENDRAN, VAZHIKKEPURAYIL (H), ADOT, AJANUR
          VILLAGE, KASARAGOD, PIN-671 531.

          BY ADVS.
          RAHUL SASI
          SMT.NEETHU PREM



RESPONDENTS/STATE & COMPLAINANT:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
          KERALA, ERNAKULAM-682 031.

    2     STATIOPN HOUSE OFFICER
          HOSDURG POLICE STATION, KASARAGOD DISTRICT-671
          531.




          PP SMT.MAYA M.N



THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
26.05.2021,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 CRL.MC NO. 2559 OF 2021
                                  2




                           ORDER

Crl.M.C is filed by the eighth accused in Crime No.609 of

2014 of the Hosdurg Police Station, now pending as CP.No.15

of 2012. The allegation of the prosecution was that, on

24.05.2014 at 7 pm., the petitioner along with the co-accused

formed into an unlawful assembly and attacked the defacto

complainant and others using stone and iron rod. Pursuant to

the FIR registered, investigation was completed and final

report was laid as Annexure-A1 for offences punishable under

Sections 143, 147, 148, 341, 323, 324, 308 read with Section

149 of the Indian Penal Code. The petitioner herein remained

absent and all other accused faced the trial. By Annexure-A2

judgment, the learned Sessions Judge acquitted all the other

accused due to lack of evidence. Proceedings against the

petitioner proceeded and is now pending as CP.No.15 of 2021

of the Judicial First Class Magistrate Court-I, Hosdurg.

2. The specific contention of the learned counsel for the

petitioner is that none of the witnesses identified any of the

accused and did not support the prosecution case in any

manner. There was no evidence against any of the accused, CRL.MC NO. 2559 OF 2021

who had appeared before the court below and faced the trial.

I have perused Annexure-A2. It shows that PW1 to PW3, who

were the injured witnesses deposed that though they were

attacked by some persons they could not identify the

assailants. PW1 further stated that he had furnished the

names of the accused under a misconception. Hence the court

below on an evaluation of the entire evidence concluded that

there was no evidence against any of the accused who had

faced the trial. Consequently, they were acquitted.

3. There is nothing on record to show that this

judgment has been challenged in any further proceedings.

Evidently, it has become final. In the light of the finding by the

trial court regarding the office alleged against the remaining

accused and their acquittal, it seems that the substratum of

the prosecution case is shattered. No purpose will be served

by proceeding against the petitioner herein.

4. However, it is to be noted that the petitioner did not

face trial before the court below. He remained absent till

2019. He approached this Court much belatedly and due to his

absence the court proceedings were delayed. Having

considered this, I am inclined to quash the entire proceedings

subject to payment of cost for causing delay the judicial CRL.MC NO. 2559 OF 2021

proceedings of Rs.3000/- (Rupees three thousand only) by the

petitioner. Accordingly, Crl.M.C. will stand quashed and all

further proceedings against the petitioner herein in CP.No.15

of 2021 on the files of the Judicial First Class Magistrate's

Court-I, Hosdurg, will stand quashed on condition the

petitioner deposits a sum of Rs.3000/- (Rupees three

thousand only) before the District Legal Service Authority,

Kasaragod within one month from today.

Crl.M.C. is allowed.

Sd/-

SUNIL THOMAS,

JUDGE R.AV CRL.MC NO. 2559 OF 2021

APPENDIX

PETITIONER'S/S /EXHIBITS:

ANNEXURE A1 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.609 OF 2014 OF HOSDURG POLICE STATION.

ANNEXURE A2                 THE CERTIFIED COPY OF THE
                            JUDGMENT DATED 27.5.2019 IN
                            S.C.NO.456 OF 2016 OF ADDL.
                            SESSIONS COURT-II, KASARAGOD.




 RESPONDENT'S/S EXHIBITS                  NIL