Santhosh Vs. State of Kerala

Santhosh vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 30, 2013

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https://sooperkanoon.com/case/1016530

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Citation: sooperkanoon.com/1016530
Court: Kerala High Court
Judge: Honourable Mr.Justice V.K.Mohanan
Decided On: Jul 30, 2013
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Santhosh

Respondent

State of Kerala

Excerpt

.....annexures: -------------------------------------------- annex a true copy of the judgment dated 06 11-2008 in sc no. 355/2006 of the addl. sessions judge, thrissur fast track court no. ii annex b true copy of the affidavit evidencing the fact sworn to by the 2nd repsondent annex c true copy of the affidavit evidencing the fact sworn to by the 3rd respondent respondent(s)' annexures: nil /true copy/ p.a.to.judge sts v.k.mohanan, j.------------------------------------------ crl.m.c.no.3194 of 2013 ------------------------------------------- dated this the 30th day of july, 2013 order the petitioner is the 3rd accused in crime no.321 of 2003 of guruvayoor police station. according to the petitioner, except himself and a7 in the very same crime faced the prosecution in s.c.no.355 of 2006 on the file of the additional sessions judge, thrissur, fast track court not ii (adhoc), which resulted in annexure-a judgment dated 06/11/2008 by which those accused are already acquitted. it is the further case of the petitioner that, subsequently the matter is settled between himself and the de facto complainant who preferred annexure-b affidavit. therefore, according to the petitioner, the proceedings now pending against him is an abuse of process of court. therefore, he seeks an order of quashing the proceedings pending against the petitioner.2. heard the learned counsel for the petitioner and the learned public prosecutor. crl.m.c.no.3194 of 2013 :-2-:3. in the light of the submission made by the learned counsel for the petitioner, i have referred the judgment, in which paragraph 11 of the judgment, the learned judge, who undertaken the trial has found that, pw.1, who sustained injury in the incident turned hostile to the prosecution stating that it was a mob attacked and he is unable to state whether the accused are the persons who attacked him. on declaring him as hostile, the prosecution cross-examined him and during which he stated that, there is a case and.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.K.MOHANAN TUESDAY,THE 30TH DAY OF JULY 2013 8TH SRAVANA, 1935 Crl.MC.No. 3194 of 2013 () --------------------------- SC.NO. 355/2006 OF ADDL.SESSIONS COURT (ADHOC-2), THRISSUR CP.NO. 47/2005 OF JUDICIAL FIRST CLASS MAGISTRATE COURT.,CHAVAKKAD CRIME NO. 321/2003 OF GURUVAYOOR POLICE STATION , THRISSUR ------------------------------------- PETITIONER/ACCUSED NO.3 : ------------------------------------------ SANTHOSH,S/O. SANKARAN, PERINGADAN VEEDU, POOKKODE VILLAGE, PERAKAM DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENTS/ STATE & DEFACTO COMPLAINANT: ----------------------------------------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

2. AJITH KUMAR,AGED 3 YEARS,S/O SREENIVASAN, AALANCHERI HOUSE, MANATHALA VILLAGE, THIRUVATHRA DESOM, THRISSUR DISTRICT.

3. VIJEESH,AGED 3 YEARS, S/O VISWANATHAN, THARAYIL HOUSE, P.O.KOTTAPADY, POOKODE VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN R2 & R3 BY ADV. SRI.LOWEL CHERIAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30-07-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts Crl.MC.No. 3194 of 2013 () --------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES: -------------------------------------------- ANNEX A TRUE COPY OF THE JUDGMENT DATED 06 11-2008 IN SC NO. 355/2006 OF THE ADDL. SESSIONS JUDGE, THRISSUR FAST TRACK COURT NO. II ANNEX B TRUE COPY OF THE AFFIDAVIT EVIDENCING THE FACT SWORN TO BY THE 2ND REPSONDENT ANNEX C TRUE COPY OF THE AFFIDAVIT EVIDENCING THE FACT SWORN TO BY THE 3RD RESPONDENT RESPONDENT(S)' ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts V.K.MOHANAN, J.

------------------------------------------ Crl.M.C.No.3194 of 2013 ------------------------------------------- Dated this the 30th day of July, 2013 ORDER The petitioner is the 3rd accused in Crime No.321 of 2003 of Guruvayoor Police Station. According to the petitioner, except himself and A7 in the very same crime faced the prosecution in S.C.No.355 of 2006 on the file of the Additional Sessions Judge, Thrissur, Fast Track Court not II (Adhoc), which resulted in Annexure-A judgment dated 06/11/2008 by which those accused are already acquitted. It is the further case of the petitioner that, subsequently the matter is settled between himself and the de facto complainant who preferred Annexure-B affidavit. Therefore, according to the petitioner, the proceedings now pending against him is an abuse of process of court. Therefore, he seeks an order of quashing the proceedings pending against the petitioner.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Crl.M.C.No.3194 of 2013 :-2-:

3. In the light of the submission made by the learned counsel for the petitioner, I have referred the judgment, in which paragraph 11 of the judgment, the learned Judge, who undertaken the trial has found that, PW.1, who sustained injury in the incident turned hostile to the prosecution stating that it was a mob attacked and he is unable to state whether the accused are the persons who attacked him. On declaring him as hostile, the prosecution cross-examined him and during which he stated that, there is a case and counter case between the accused and PW.1 being the de facto complainant and both the cases are settled out of court and he does not have any further grievance. I have also given through Annexure-B affidavit.

4. In the light of the above judgment and in view of Annexure-B affidavit no purpose would be served in sending the petitioner to face the prosecution rather it will amount to sheer waste of judicial time and abuse of process of court. In the result, this Crl.M.C. is disposed of quashing all proceedings pending against the petitioner in L.P.No.43 of Crl.M.C.No.3194 of 2013 :-3-:

2008. on the file of the court of the Additional Sessions Judge, Thrissur Fast Track Court not II (Adhoc) in S.C.No.355 of 2006 connected with C.P.No.47 of 2005 on the file of the Judicial First Class Magistrate Court, Chavakkad in Crime No.321 of 2003 of Guruvayoor Police Station. V.K.MOHANAN, JUDGE skj True copy P.A. to Judge

Same Court & Year Kerala · 2013 Same Parties Santhosh vs State of Kerala Same Subject Education Same Judge Honourable Mr.Justice V.K.Mohanan