Sudarsanakumar @ Vinodh vs State Of Kerala
2021 Latest Caselaw 12617 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SUNIL THOMAS
         FRIDAY, THE 28TH DAY OF MAY 2021 / 7TH JYAISHTA, 1943
                        CRL.MC NO. 1737 OF 2021
         CRIME NO.9/2006 OF VENMONEY POLICE STATION, ALAPPUZHA
 AGAINST THE ORDER/JUDGEMENT IN LP 23/2015 OF SUB COURT, CHENGANNUR,
                               ALAPPUZHA
PETITIONERS (DEFACTO COMPLAINANT & CO-INJURED):

     1      SUDARSANAKUMAR @ VINODH
            AGED 32 YEARS
            S/O KUTTAPPAN,BIJU BHAVANAM,PUNTHALA THAZAM MURI,PUNTHALA
            VILLAGE,MAVELIKKARA,ALAPPUZHA-689509.

     2      SUBASH,
            AGED 33 YEARS
            S/O KUNJUKUNJU,AAYRMAKUNNATHU,
            PUNTHALA THAZAM MURI,PUNTHALA VILLAGE,
            MAVELIKKARA,ALAPPUZHA-689509.

            BY ADVS.
            SRI.P.THOMAS GEEVERGHESE
            SRI.TONY THOMAS (INCHIPARAMBIL)
            SRI.E.S.FIROS
            SMT.AMRUTHA K.P.


RESPONDENTS (STATE AND 4TH ACCUSED):

     1      STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA,ERNAKULAM-682018.

     2      ANIYAN,
            S/O RAGHAVAN,NERIYAMPALLATHU HOUSE,
            PILAPPUZHA SOUTH,HARIPPAD-690514.

            BY ADV. PP MAYA M.N.


THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.05.2021,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 1737 OF 2021
                                  2

                              ORDER

Dated this the 28th day of May 2021

The petitioners are the de facto complainant and co-injured in

Crime No.9 of 2006 of Venmoney Police Station, Alappuzha

for offences punishable under Sections 143, 147, 148, 149,

447, 324 and 308 of IPC. The second respondent was

arrayed as fourth accused in the above case. He did not face

trial before the court below. By Annexure - C judgment, all

the other accused who had faced trial were acquitted by the

court. The fourth accused has now approached this court

contending that in the light of the acquittal of the remaining

accused, the substratum of the case is broken and no purpose

will be served in prosecuting the fourth accused.

2. Heard the learned Counsel for the petitioner and the

learned Government Pleader. It seems that in the course of

evidence, all the crucial witnesses turned hostile. PW1 and

PW2 only said they were attacked by some persons and could

not identify the persons who had attacked them. Having CRL.MC NO. 1737 OF 2021

considered the entire facts, I feel that no purpose will be

served by prosecuting the second respondent herein any

further.

3. It is submitted by the learned Government Pleader

that to her information, Annexure - C judgment was not

under challenge in any further proceedings. It seems to have

become final. In the light of the above, I am inclined to

quash the entire criminal proceedings in LP No. 23 of 2015 of

Assistant Sessions Court, Chengannur now pending against

the second respondent herein.

The Crl.M.C. is accordingly allowed.

Sd/-

SUNIL THOMAS, JUDGE

SKP/28-5 CRL.MC NO. 1737 OF 2021

APPENDIX OF CRL.MC 1737/2021 PETITIONERS EXHIBITS:

ANNEXURE P1 CERTIFIED COPY OF FIR IN CRIME NO.9/2006 OF VENMONEY POLICE STATION ON THE FILES OF ASSISTANT SESSIONS COURT,CHENGANNUR AS LP 23/2015

ANNEXURE P2 CERTIFIED COPY OF FINAL REPORT IN LP NO.23/2015 ON THE FILES OF ASSISTANT SESSIONS COURT,CHENGANNUR

ANNEXURE P3 CERTIFIED COPY OF THE JUDGMENT DATED 12TH JANUARY 2010 IN SESSIONS CASE 583/2007 OF ASSISTANT SESSIONS COURT,CHENGANNUR

ANNEXURE P4 AFFIDAVIT DATED 4TH MARCH 2021 EXECUTED BY THE 1ST PETITIONER/DEFACT0 COMPLAINANT

ANNEXURE P5 AFFIDAVIT DATED 4TH MARCH 2021 EXECUTED BY THE 2ND PETIITONER/CO-INJURED

ANNEXURE P6 PRINTOUT OF CASE DETAILS OF LP 23/2015 OF ASST.SESSIONS COURT,CHENGANNUR TAKEN FROM ECOURT SERVICES.

RESPONDENTS EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE