Kerala High Court
Vijayakumar.G vs State Of Kerala on 30 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
TUESDAY, THE 30TH DAY OF APRIL 2024 / 10TH VAISAKHA, 1946
CRL.MC NO. 2206 OF 2024
CRIME NO.604/2007 OF Attingal Police Station, Thiruvananthapuram
CC NO.823 OF 2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,ATTINGAL
PETITIONER/1ST ACCUSED:
VIJAYAKUMAR.G
AGED 41 YEARS
S/O.OMANA AMMA, MANNANVILA VEEDU, KIZHUVILAM P.O,
KIZHUVILA VILLAGE, THIRUVANANTHAPURAM DISTRICT,
PIN - 695 104
BY ADVS.
K.SIJU
S.ABHILASH
ANJANA KANNATH
MARIYA JOSE
JOSHNA JOY
RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682 031
2 STATION HOUSE OFFICER
ATTINGAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT,
PIN - 695 101
OTHER PRESENT:
SRI. NOUSHAD. K. A - SR. PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No.2206 Of 2024
2
ORDER
Dated this the 30th day of April, 2024
The petitioner who is the first accused
in Crime No.604/2007 of Attingal Police
Station, a case registered in respect of the
offences under sections 143,147,148 and 332
r/w section 149 of IPC and section 3(1) of
Prevention of Damages to Public Properties
Act, has filed this petition under section
482 of the Code of Criminal Procedure for
quashing the case as against him.
2. Heard the learned counsel for the
petitioner and learned Public Prosecutor
representing the respondents.
3. Learned counsel for the petitioner
has brought to my notice the observations of
Crl.M.C. No.2206 Of 2024
the trial court in Annexure A4 judgment in
connection with the case as against the
accused nos.3,5,6,9 and 10, wherein, the
above accused were acquitted under section
248(1) of the Code of Criminal Procedure
holding that the available evidence is not
sufficient to establish the guilt of the
accused. On a perusal of the aforesaid
judgment it is seen that, upon analysis of
the evidence adduced by the prosecution, the
trial court was not able to find any
evidence as against any of the accused in
respect of the offence alleged in this
case. Learned counsel for the petitioner
also brought to my notice Annexure A 12
order of this court in a similar petition
filed by the second accused for quashing
Crl.M.C. No.2206 Of 2024
the proceedings as against him for the
reason that in the trial conducted as
against accused 3,5,6,9 and 10 the trial
court found that the witnesses examined
as PW 1 to 7 did not identify any of the
accused and that there was absolutely
nothing forthcoming to establish the charge
against the accused arrayed in this case.
4. On going through the records of the
case it appears that no purpose would be
served by embarking upon a further trial in
the case as against the present petitioner
who is the first accused in the crime. To
avoid unnecessary wastage of judicial time
and to meet the ends of justice it appears
to be necessary that the proceedings as
against the present petitioner also has to
Crl.M.C. No.2206 Of 2024
be terminated.
In the result the petition stands
allowed. Annexure A1 FIR and Annexure A3
final report, and all further proceedings
initiated thereunder as against the
petitioner/first accused, stand quashed.
Sd/-
G.GIRISH
JUDGE
SSG
Crl.M.C. No.2206 Of 2024
PETITIONER'S ANNEXURES
Annexure A1 THE COPY OF FIR IN CRIME NO.604/2007
OF ATTINGAL POLICE STATION DATED
4.9.2007
Annexure A2 THE COPY OF REPORT DATED 5.9.2007 IN
CRIME NO.604/2007 OF ATTINGAL POLICE
STATION
Annexure A3 THE COPY OF FINAL REPORT IN CRIME
NO.604/2007 OF ATTINGAL POLICE STATION
DATED NIL IS PRODUCED HEREWITH AS
ANNEXURE-A3. THE ACCUSED NOS. 3, 5, 6,
9 AND 10
Annexure A4 THE COPY OF JUDGMENT IN C.C 184/2009
OF JFMC-I, ATTINGAL DATED 30.04.2019
Annexure A5 THE COPY OF DEPOSITION OF PW1 DATED
10.7.2015 ALONG WITH READABLE COPY
Annexure A6 THE COPY OF DEPOSITION OF PW2 DATED
7.10.2015 ALONG WITH READABLE COPY
Annexure A7 THE COPY OF DEPOSITION OF PW3 DATED
20.1.2016 ALONG WITH READABLE COPY
Annexure A8 THE COPY OF DEPOSITION OF PW4 DATED
29.6.2018
Annexure A9 THE COPY OF DEPOSITION OF PW5 DATED
26.7.2018
Annexure A10 THE COPY OF DEPOSITION OF PW6 DATED
NIL
Annexure A11 THE COPY OF DEPOSITION OF PW7 DATED
1.4.2019
Annexure A12 THE COPY OF ORDER IN CRL.M.C
NO.5696/2021 DATED 16.2.2022
