Kerala High Court
Leela vs State Of Kerala on 23 October, 2024
2024:KER:79185
CRL.MC No. 8802 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 23RD DAY OF OCTOBER 2024 / 1ST KARTHIKA, 1946
CRL.MC NO. 8802 OF 2024
CRIME NO.374/2004 OF NEDUMANGAD POLICE STATION,
THIRUVANANTHAPURAM IN CC NO.79 OF 2016 OF JUDICIAL
MAGISTRATE OF FIRST CLASS-II, NEDUMANGAD
PETITIONER/ACCUSED NO.7:
LEELA,
AGED 83 YEARS, D/O BHAI,
THOTTARIKATHU VEEDU,
THUMBADIVARAM, KARAKULAM P.O.,
KARAKULAM VILLAGE, NEDUMANGAD TALUK,
THIRUVANANTHAPURAM DISTRICT, PIN-695564
BY ADV.MOHAMMED MUSHTHAQ S.
RESPONDENT/RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN-682031
SRI.RENJIT GEORGE, SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 23.10.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
2024:KER:79185
CRL.MC No. 8802 of 2024
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ORDER
Dated this the 23rd day of October, 2024
This Criminal Miscellaneous Case has been filed
under Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
2023 by the accused in C.C.No.79/2016 on the files of the
Judicial Magistrate of First Class-II, Nedumangad, arising out
Crime No.374/2004 of Nedumangad Police Station, and the
prayer is as under;
This Honourable Court may be pleased to quash
Annexure A Final Report and all further
proceedings in C.C.No.79/2016 on the files of
the Court of Judicial Magistrate of First
Class-II, Nedumangad, arising out of Crime
No.374/2004 of Nedumangad Police Station,
Thiruvananthapuram District.
2. Heard the learned counsel for the petitioner
and the learned Public Prosecutor in detail.
2024:KER:79185
3. In this matter, the prosecution alleges
commission of offences punishable under Sections 143, 147,
451, 294(b), 324 and 354 read with 149 of the Indian Penal
Code, by accused Nos.1 to 7. Accordingly, they were jointly
tried. PW1 to PW9 examined and Exts.P1 to P7 marked on the
side of prosecution. At the time of questioning of the accused
under Section 313 of the Code of Criminal Procedure (for
short 'Cr.P.C.' hereinafter), the petitioner, who is the 7 th
accused, absconded and accordingly, his case was re-filed.
Similarly, the case against the 1st accused was also re-filed, for
the said reason.
4. Thereafter, as per Annexure A3 judgment in
C.C.No.701/2014 dated 13.02.2008, the learned Magistrate
acquitted accused Nos.2 to 6, on appreciation of evidence.
5. Even though it is argued by the learned
counsel for the petitioner that in view of Annexure A3
2024:KER:79185
judgment, the petitioner's case would require quashment, as
pointed out by the learned Public Prosecutor, in this case, the
7th accused already faced the trial and he absconded during
his examination under Section 313 of Cr.P.C.
6. In such a case, without allowing the learned
Magistrate to decide the case based on the evidence adduced,
against him, quashment now pressed into could not be
considered. Therefore, this petition is liable to fail and is
dismissed.
Registry is directed to forward a copy of this order to
the trial court for information and compliance.
Sd/-
A. BADHARUDEEN
JUDGE
bpr
2024:KER:79185
PETITIONER'S ANNEXURES
Annexure A1 . A TRUE COPY OF THE FIR DATED
22-06-2004 IN CRIME NO. 374/2004 OF THE
NEDUMANGAD POLICE STATION
Annexure A2 A TRUE COPY OF THE FINAL REPORT DATED
07-08-2004 IN CRIME NO.374/2004 OF THE
NEDUMANGAD POLICE STATION
Annexure A3 A CERTIFIED COPY OF JUDGEMENT DATED
13-02-2008 ON THE FILES OF JUDICIAL
MAGISTRATE OF FIRST CLASS-II, NEDUMANGAD
