Kerala High Court
Sebin vs State Of Kerala on 7 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
CRL.MC NO. 9109 OF 2019
IN S.C.NO.638/2018 ON THE FILES OF ADDITIONAL SESSIONS COURT
(ADHOC)-II, ERNAKULAM
PETITIONER/ACCUSED:
SEBIN,
AGED 37 YEARS,
S/O.XAVIER, KOLATHARA VEETTIL, KATTIPARAMBU,
KUMBALANGHI, ERNAKULAM - 682 007.
BY ADVS.
SRI.C.Y.VINOD KUMAR
SRI.C.ANILKUMAR (KALLESSERIL)
SRI.P.M.MANASH
RESPONDENT/COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 THE SUB INSPECTOR,
THOPPUMPADY POLICE STATION, THOPPUMPADY,
ERNAKULAM - 682 005.
BY SMT.T.V.NEEMA, SR.PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
07.09.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.9109 of 2019
2
ORDER
Dated this the 07th day of September, 2021
This petition is filed seeking to quash Annexure A2 final
report and all further proceedings taken against the petitioner
in S.C.No.638/2018 pending on the files of the Additional
Sessions Court (Adhoc-II), Ernakulam (for short 'the court
below').
2. The petitioner is the 6th accused in Crime
No.394/2001 of Thoppumpady police station registered for an
offence punishable under Section 55(a) of the Abkari Act, 1077
(for short 'the Act'). Concluding the investigation a final report
was filed by the investigating officer chargesheeting the
petitioner for the above offence, alongwith five other accused.
The final report was taken on file by the court below and a case
was registered on its basis as S.C.No.352/2009. The petitioner
has not turned up to face trial and therefore the case against
Crl.M.C.No.9109 of 2019
him was split up and refiled as S.C.No.638/2018 and that is
pending before the court below. The copy of the final report is
produced alongwith as Annexure A2.
3. Trial was held against accused Nos.1 to 5 in
S.C.No.352/2009 and the court below has found that the
prosecution had failed to establish the case against the
accused. The reasons for such a conclusion was enumerated in
the judgment as non-explanation of the inordinate delay
occurred in producing the contraband and other articles before
the court below, conduct of investigation by an incompetent
officer and want of independent evidence. The contention of
the petitioner was that the trial against the petitioner is now
pending before the said court and evenif he is directed to face
trial for the reasons stated above, the prosecution would not be
able to prove it's case and at the end of the trial, the court
below would have to pass a judgment of acquittal of him.
4. This Court finds from Annexure A1 judgment that the
trial against accused Nos.1 to 5, who are co-accused of the
Crl.M.C.No.9109 of 2019
petitioner have ended in acquittal. The reasons for the court to
arrive at acquittal are several and already discussed with. The
proposed trial also will not be culminated in conviction of the
petitioner for the reasons. Witnesses cannot deviate from the
stand already taken on the above factors in the previous trial.
Therefore, evenif the proposed trial is let to proceed, it is
unlikely for it to bring in evidence anything to help the court
below to enter into a finding of guilt against the petitioner and
to convict and sentence him. Therefore, this Court is convinced
that the proposed trial if allowed to proceed would only be a
futile exercise. There is no sufficient and satisfactory ground to
prosecute the petitioner based on the chargesheet and
therefore the petitioner is entitled for a discharge.
In the result, the Crl.M.C stands allowed. The final report
chargesheeting the petitioner as well as the case registered as
S.C.No.638/2018 on it's basis and pending on the files of
Additional Sessions Court (Adhoc-II), Ernakulam is quashed
forthwith. Consequently, the petitioner is discharged of the
Crl.M.C.No.9109 of 2019
offence under Section 55(a) of the Act for which he stands
chargesheeted.
Sd/-
MARY JOSEPH
JUDGE
NAB
Crl.M.C.No.9109 of 2019
APPENDIX OF CRL.MC 9109/2019
PETITIONER'S ANNEXURES:
ANNEXURE A1 CERTIFIED COPY OF THE JUDGMENT DATED
02.12.09 IN S.C.NO.352/09 ON THE FILE
OF THE ADDITIONAL DISTRICT & SESSIONS
JUDGE (ADHOC-II), ERNAKULAM.
ANNEXURE A2 PHOTOSTAT COPY OF THE FINAL REPORT IN
S.C.NO.638/18 ON THE FILE OF THE
ADDITIONAL DISTRICT & SESSIONS JUDGE
(ADHOC-II), ERNAKULAM.
RESPONDENTS' ANNEXURES: NIL
//TRUE COPY//
P A TO JUDGE
