Kerala High Court
Bijoy vs Circle Inspector Of Police on 17 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
CRL.MC NO. 6452 OF 2024
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2024:KER:77672
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
CRL.MC NO. 6452 OF 2024
SC NO.647 OF 2021 OF ASSISTANT SESSIONS COURT/SUB
COURT / COMMERCIAL COURT, THODUPUZHA
PETITIONER/ ACCUSED NO.4 :
BIJOY
AGED 48 YEARS
S/O MATHAI PARITHOLIL VEEDU,
IRINGOL KIZHAKKUMBHAGAM, PERUMBAVOOR VILLAGE,
ERNAKULAM DISTRICT, PIN - 683 542
BY ADV N.K.MOHANLAL
RESPONDENT/ COMPLAINANT :
1 CIRCLE INSPECTOR OF POLICE
ADIMALY. IDUKKI DISTRICT,
PIN - 685561
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682 031
SRI. C.N. PRABHAKARAN, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 6452 OF 2024
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BECHU KURIAN THOMAS, J.
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Crl.M.C.No.6452 of 2024
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Dated this the 17th day of October, 2024
ORDER
Petitioner was the 4th accused in S.C.No.489 of 2003 on the
files of the Assistant Sessions Court, Thodupuzha, which arose out of
Crime No.169 of 1998 of Rajakkad Police Station, Idukki. Since during
the trial of the case petitioner had absconded, the trial proceeded against
the remaining accused. By judgment dated 10.08.2006, all the other
accused were acquitted. However, the case against the petitioner was
split up and it is now pending as S.C.No.647 of 2021 before the Assistant
Sessions Court, Thodupuzha. Petitioner seeks benefit of acquittal of the
co-accused.
2. According to the prosecution, the accused had on
30.10.1998, formed themselves into an unlawful assembly and attempted
to commit murder of CW1 and committed mischief by destroying the
household utensils after trespassing into his house with dangerous
weapons and thereby committed the offences under Sections 143, 147,
148, 452, 307 and 427 r/w Section 149 of the Indian Penal Code, 1860.
3. I have heard Sri.Mohanlal N.K., the learned counsel for the
petitioner as well as Sri.C.N.Prabhakaran, the learned Public Prosecutor.
4. On a perusal of the judgment of acquittal of the co-
accused, it is noticed that the defacto complainant himself had stated that
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the accused are not the actual persons, who had done the criminal acts.
He also deposed that he has no grievance against the accused named in
the case. The aforesaid deposition of PW1 as recorded in the judgment of
acquittal indicates that the substratum of the prosecution case has been
destroyed even against the petitioner and hence no purpose would be
achieved by continuing the prosecution.
Accordingly, proceedings against the petitioner in S.C.No.647
of 2021 on the files of the Assistant Sessions Court, Thodupuzha, arising
out of Crime No.169 of 1998 of Rajakkad Police Station is hereby
quashed.
The Crl.M.C. is allowed as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
CRL.MC NO. 6452 OF 2024
2024:KER:77672
PETITIONER'S ANNEXURES :
Annexure 1 THE CERTIFIED COPY OF CHARGE SHEET IN S C
NO: 647/2021 AS REFILED FROM SC 489/2003
ON THE FILE OF ASSISTANT SESSIONS COURT,
THODUPUZHA
Annexure 2 THE CERTIFIED COPY OF JUDGMENT DATED
10/08/2006 IN S C 489/2003 OF HON'BLE
ASSISTANT SESSIONS COURT, THODUPUZH
