Kerala High Court
Manu.V.N vs State Of Kerala on 5 April, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
CRL.MC NO. 2480 OF 2024
CRIME NO.811/2009 OF WADAKKANCHERY POLICE STATION,
THRISSUR
PETITIONER/ACCUSED NO.10:
MANU.V.N
AGED 30 YEARS
S/O.NARAYANAN, VARAVATTUR HOUSE,
IRRUNILLANGODE (P.O),
MULLUKKARA, THRISSUR., PIN - 680 583.
BY ADVS.
LINDONS C.DAVIS
E.U.DHANYA
N.S.SHAMILA
CHINJU P. JOYIES
RESPONDENT/COMPLAINANT :
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM., PIN - 682 031.
SMT. SREEJA V. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 05.04.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO. 2480 OF 2024
2
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.2480 of 2024
...................................................
Dated this the 5th day of April, 2024
ORDER
Petitioner was the 10th accused in Crime No.811/2009 of
Wadakkancherry Police Station. Since he was a minor on the date
of the alleged occurrence, the case against him was placed before
the Juvenile Justice Board, while those against the remaining
accused, except the 3rd accused, proceeded before the Judicial First
Class Magistrate Court, Wadakkancherry, as C.C.No.832/2010. By
judgment dated 09.02.2022, the learned Magistrate acquitted all the
other accused who were tried, after noticing that the de facto
complainant and other injured witnesses had entered into a
settlement with the accused and that the prosecution could not
prove any of the offences.. Petitioner seeks the extension of
benefit of the acquittal of co-accused.
2. According to the prosecution, on 10.12.2009, the accused, had in
furtherance of their common object, formed themselves into an
unlawful assembly and committed rioting with deadly weapons,
CRL.MC NO. 2480 OF 2024
after restraining the de facto complainant, and trespassed into his
house and assaulted him with iron rods and pipes, thereby
committing the offences under Sections 143, 147, 148, 341, 323,
324, 452 r/w section 149 of the Indian Penal Code, 1860.
3. I have heard Sri.Lindons C.Davis, the learned counsel for the
petitioner as well as Smt.Sreeja V., the learned Public Prosecutor.
4. On a perusal of the judgment dated 09.02.2022 in
C.C.No.832/2010, it is noticed that in the trial against accused
Nos.1, 2, 4 to 9 and 11, the trial court came to the conclusion
that the accused and the de facto complainant, as well as the other
victims, had settled the matter amongst themselves and that the
prosecution failed to prove the allegations against the accused. The
said finding goes to the root of the prosecution case, as the
petitioner was also alleged to have committed the same offences
and was part of the unlawful assembly.
5. In view of the findings in C.C.No.832/2010 on the files of the
Judicial First Class Magistrate Court, Wadakkancherry, I am
satisfied that the substratum of the prosecution case has been
destroyed even as against the petitioner. Hence, continuance of
CRL.MC NO. 2480 OF 2024
the prosecution against the petitioner is an abuse of the process of
the court.
6. Accordingly, the proceedings against the petitioner registered as
Crime No.811/2009 of Wadakkancherry Police Station and the final
report filed on 22.03.2010 before the Juvenile Justice Board,
Thrissur, shall stand quashed.
The Crl.M.C.is allowed.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/05/04/2024
CRL.MC NO. 2480 OF 2024
PETITIONER ANNEXURES
ANNEXURE A1 A COPY OF THE FIR NO.811/2009 DATED
11.12.2009 OF WADAKKANCHERRY POLICE
STATION IN THRISSUR DISTRICT.
ANNEXURE A2 A COPY OF THE JUDGMENT DATED 09.02.2022 IN
C.C.NO.832/2010 OF THE JUDICIAL FIRST
CLASS MAGISTRATE COURT, WADAKKANCHERRY.
TRUE COPY
