Kovval Rajan vs State Of Kerala
2022 Latest Caselaw 4867 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR.JUSTICE BASANT BALAJI
     FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
                      CRL.MC NO. 2145 OF 2021
   CRIME NO.381/1997 OF HOSDURG POLICE STATION PENDING AS CC
   271/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,HOSDRUG
PETITIONER/ACCUSED:

          KOVVAL RAJAN
          AGED 57 YEARS
          S/O. KRISHNAN, KOVVAL, HOSDURG VILLAGE, HOSDURG
          TALUK, KASARAGOD DISTRICT.
          BY ADV A.ARUNKUMAR


RESPONDENTS/COMPLAINANT/STATE:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
          KERALA, ERNAKULAM, 682 031.
    2     THE STATION HOUSE OFFICER,
          HOSDURG POLICE STATION, (CRIME NO. 381 OF 1997),
          HOSDURG TALUK-671 315


          SRI.SANAL P.RAJ-PP



     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
29.04.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 2145 OF 2021

                                         2

                                  ORDER

The petitioner is the accused in C.C No. 271/2021 on the files of the

Judicial Firist Class Magistrate Court-I, Hosdurg registered offences

punishable under Sections 143,147,148,323,324,341,427 read with 149

of IPC.

2. Heard.

3. It is submitted by the learned counsel for the petitioner that the

petitioner is the 4th accused in the crime and accused Nos.1 to 3 were

acquitted after trial in C.C.No. 1259/1997 under Section 248(1) of Cr.P.C

finding that the prosecution has failed to prove the case against the

accused. Moreover, the main ground on which accused Nos.1 to 3 were

acquitted is that he could not identify assailants, since the incident took

place at night. In view of the said categorical finding in

C.C.No.1259/1997, I am of the opinion that, even if the trial is proceeded

against the petitioner/4th accused, he can only be acquitted. In view of

the above matter, I am inclined to quash the final report in Crime

No.381/1997 of Hosdurg Police Station, now pending as C.C.No.271/2021

on the files of the Judicial First Class Magistrate Court, Hosdurg in

exercise of the inherent power under Section 482 Cr.P.C, to meet the ends

of justice and accordingly, I do so.

In the result, this Crl.M.C. stands allowed.

Sd/-BASANT BALAJI, JUDGE lsn CRL.MC NO. 2145 OF 2021

APPENDIX OF CRL.MC 2145/2021

PETITIONER ANNEXURES ANNEXURE A1 CERTIFIED COPY OF THE F.I.S IN CRIME NO.381 OF 1997 OF HOSDURG POLICE STATION, KASARAGOD.

ANNEXURE AII CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 381 OF 1997 OF HOSDURG POLICE STATION, KASARAGOD.

ANNEXURE AIII CERTIFIED COPY OF THE JUDGMENT DATED 26.05.2000 IN C.C. NO. 1259 OF 1997 OF JUDICIAL FIRST CLASS MAGISTRATE I, HOSDURG.

RESPONDENTS EXHIBITS: NIL

TRUE COPY

P.A TO JUDGE