Kerala High Court
Edwin Joseph K J vs State Of Kerala on 7 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
CRL.MC NO. 5375 OF 2023
AGAINST CC NO.529/2018 OF ADDITIONAL CHIEF JUDICIAL
MAGISTRATE , ERNAKULAM
CRIME NO.111/2005 OF ERNAKULAM TOWN NORTH POLICE STATION
PETITIONERS/ACCUSED 1 TO 4 :
1 EDWIN JOSEPH K J,
AGED 51 YEARS
S/O LATE K J JOSEPH, WINVIHAR KAITHARAKUZHI,
FERRY ROAD, SOUTH CHITTOR P.O,
ERNAKULAM, PIN - 682027
2 BIJITH DHARAN S
AGED 43 YEARS
S/O B SASIDHARAN, KARIKODU VASATHI,
ELOOR EAST, UDYOGAMANDAL P O,
ERNAKULAM, PIN - 683501
3 PRADEEP KUMAR K P
AGED 41 YEARS
S/O LATE PRABHAKARAN NAIR, KURUPPAM PRAMBIL HOUSE,
NADAKKAVU P O, UDAYAMPEROOR,
ERNAKULAM, PIN - 682307
4 SHAN A V
AGED 41 YEARS
S/O A R VIDHYADHARAN, AYINIPPILLY,
THATTAPRAMBU ROAD, PALLURUTHY.P O,
ERNAKULAM, PIN - 682006
BY ADV SUVIN.R.MENON
RESPONDENTS/STATE/COMPLAINANT AND DEFACTO COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
Crl.M.C No.5375 of 2023 2
2 STATION HOUSE OFFICER
ERNAKULAM TOWN NORTH POLICE STATION,
CHITTOOR RD, KACHERIPADY, ERNAKULAM,
KERALA, PIN - 682018
3 MOHAMMED ANEEZ A.M.
AGED 43 YEARS, S/O. MUHAMMED BASHHER
ARYAT HOUSE, VENNALA P.O.,ERNAKULAM, PIN - 682028
SRI. T R RANJITH, SR. PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.08.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C No.5375 of 2023 3
ORDER
The petitioners are before this Court seeking to quash the proceedings
in C.C No.529 of 2018 on the file of the Additional Chief Judicial Magistrate
Court, Ernakulam.
2. Sri.Suvin R Menon, the learned counsel for the petitioners,
submits that Crime No.111/2005 was registered on 23.4.2005 arraying the
petitioners as accused for the offences inter alia under Section 326 of the IPC.
After completion of the investigation, Final Report was laid before the
jurisdictional court on 06.07.2005. The petitioners assert that despite the lapse
of two decades, the prosecution has failed to secure the presence of CWs 1 to
3 and the proceedings are lagging. Placing reliance on the judgment rendered
by the Supreme Court in Sreenivasa Gopal v. Union Territory of
Arunachal Pradesh [1988 (4) SCC 36], it is submitted by the learned
counsel that swift justice is sine qua non of Article 21 of the Constitution of
India. Reliance is also placed on the law laid down in Ramachandra Rao v.
State of Karnataka (2002 (4) SCC 578) to highlight his point. The learned
counsel would also refer to the law laid down in Oomen Koshy v. State of
Kerala (1989 (2) KLT 384), and it is argued that keeping a person in
suspended animation for more than 10 years without any cause cannot be
within the spirit of procedure established by law.
3. A report was called for from the learned Magistrate and the same
has been placed before this court. It is stated in the report that though
coercive steps were repeatedly issued against CWI to CW3, their presence
could not be procured by the prosecution. Steps u/s.82 and 83 Cr.PC had been
initiated and the same has been completed. Summons has been ordered
against CWs4 and 5 on 23.03.2023. The prosecution is seeking further time to
serve summons on CW4 and CW5. It is stated that as the prosecution has
failed to procure the presence of CWs 1 to 3, their evidence can only be
closed. The learned magistrate has called for a report from the Station House
Officer and has sought for six months time to conclude the proceedings.
4. From the report, it is clear that the prosecuting agency has not
been able to procure the presence of the witnesses. It may also be that the
witnesses are not inclined to appear before the court and prosecute the
matter. The accused cannot be kept in suspended animation. The grievance
of the accused is that due to the pendency of the crime, they are prevented
from seeking avocations abroad as the pendency of the crime would be noted
in the Police Clearance Certificate. Having regard to the pendency of the
matter for more than two decades, I am of the considered opinion that
necessary directions can be issued.
There will be a direction to the learned Magistrate to make all efforts to
expedite the matter and take the same to its logical conclusion, within four
months from the date of receipt of a copy of this order.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
NS
APPENDIX OF CRL.MC 5375/2023
PETITIONER ANNEXURES :
Annexure A1 CERTIFIED COPY OF THE COMPLAINT FILED BY
THE DE-FACTO COMPLAINANT BEFORE THE
ASSISTANT COMMISSIONER OF POLICE, COCHIN
CITY DATED NIL
Annexure A2 CERTIFIED COPY OF THE FIR IN CRIME NO. 111
OF 2005 DATED 23.04.2005 ON THE FILES OF
ERNAKULAM TOWN NORTH POLICE STATION
Annexure A3 CERTIFIED COPY OF THE CHARGE SHEET DATED
06.07.2005 IN CRIME NO. 111 OF 2005 ON THE
FILES OF ERNAKULAM TOWN NORTH POLICE
STATION
Annexure A4 A TRUE COPY OF THE PROCEEDINGS SHEET IN
C.C NO. 529 OF 2018 ON THE FILES OF THE
COURT OF ADDITIONAL CHIEF JUDICIAL
MAGISTRATE, ERNAKULAM
Annexure A5 A TRUE COPY OF THE PROCEEDINGS DATED
19.12.2022 IN C.C NO. 529 OF 2018 ON THE
FILES OF THE COURT OF ADDITIONAL CHIEF
JUDICIAL MAGISTRATE ERNAKULAM, AS RECORDED
IN THE 'E COURTS
Annexure A6 A TRUE COPY OF THE PROCEEDINGS DATED
23.03.2023 IN C.C NO. 529 OF 2018 ON THE
FILES OF THE COURT OF ADDITIONAL CHIEF
JUDICIAL MAGISTRATE ERNAKULAM, AS RECORDED
IN THE 'E COURTS'
Annexure A7 A TRUE COPY OF THE PROCEEDINGS DATED
05.06.2023 IN C.C NO. 529 OF 2018 ON THE
FILES OF THE COURT OF ADDITIONAL CHIEF
JUDICIAL MAGISTRATE ERNAKULAM, AS RECORDED
IN THE 'E COURTS'
Annexure A8 A TRUE COPY OF THE PROCEEDINGS DATED
19.06.2023 IN C.C NO. 529 OF 2018 ON THE
FILES OF THE COURT OF ADDITIONAL CHIEF
JUDICIAL MAGISTRATE ERNAKULAM, AS RECORDED
IN THE 'E COURTS'
