IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY,THE10H DAY OF OCTOBER201418TH ASWINA, 1936 Crl.MC.No. 5446 of 2014 () --------------------------- CP332014 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, VAIKOM =============== PETITIONER/ACCUSED: ---------------------------------- ARUN MOHAN @ AYATHULLA BORAH, AGED28YEARS S/O.MOHANDAS, LALITHA SADANAM, MIDIAKKUNNU KARA VADAYAR VILLAGE, THALAYOLAPARAMB KARA, VADAYAR VAIKOM. BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT/STATE: -------------------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM-682 031. [CRIME NO.590/2008 OF THALAYOLAPARAMBU POLICE STATION KOTTAYAM DISTRICT] BY Sr. PUBLIC PROSECUTOR SMT. SAREENA GEORGE P. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLYHEARD ON1010-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 5446 of 2014 () APPENDIX PETITIONER'S EXHIBITS ------------------------------------ ANNEXURE I- CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.590/2008 OF THALAYOLAPARAMBU POLICE STATION. ANNEXURE II- COPY OF THE JUDGMENT
IN SC NO.5/2011 DATED3006.2014 PASSED BY THE ADDITIONAL DISTRICT AND SESSIONS JUDGE-V, KOTTAYAM. ANNEXURE III- COPY OF THE EVIDENCE ADDUCED BY PW4/PRADEEP. ANNEXURE IV- COPY OF EVIDENCE EDDUCED BY PW6/RAHUL. ANNEXURE V- COPY OF EVIDENCE ADDUCED BY PW7/JAGDEESH. RESPONDENT'S EXHIBITS -------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE SD P. UBAID, J.
--------------------------------------- Crl.M.C. No. 5446 Of 2014 --------------------------------------- Dated this the 10th day of October, 2014 ORDER
The petitioner herein is the original 2nd accused in Crime No. 590/2008 of the Thalayolaparambu Police Station, registered under Sections 114, 143, 147, 148, 308, 326, 324 and 323 IPC. The prosecution case is that as part of a criminal design made by the petitioner and his co-accused, they assaulted one Pradeep, and inflicted simple and grievous injuries on his body with the knowledge that the injuries may cause death. Of the six accused in the crime, the 3rd one died pending the proceedings, and the accused Nos.1, 4 to 6 faced prosecution before the Court of Session, Kottayam in S.C. No. 5/11. In the said proceeding, none of the material witnesses including the said Pradeep supported the prosecution. In the absence of any material to incriminate the accused, the trial court acquitted all of them by judgment dated 30.06.2014 in S.C. No. 5/2011. The case against this petitioner was split up and re-filed in the committal Crl.M.C.. No. 5446/2014 2 court itself, when he consistently remained absent during the proceeding. Now his case is pending as C.P. No. 33/2014 before the Judicial First Class Magistrate Court-I, Vaikom. He is now before this Court under Section 482 Cr.P.C. to quash the prosecution on the ground that continuance of prosecution against him in the above circumstance will not serve any purpose.
2. The police was required by this Court, by order dated 29.09.2014, to report whether the prosecution as against the petitioner is to be continued, or whether continuance of prosecution will serve any purpose. Accordingly, the Sub Inspector of Police, Thalayolaparambu submitted report, but the said report does not contain the exact reply to the question put by the court. The Sub Inspector does not have a case in the statement that continuance of prosecution as against the petitioner herein in the present circumstances will serve any purpose.
3. On hearing both sides, and on a perusal of Annexure-II judgment of the Court of Session, Kottayam, I find that the Crl.M.C.. No. 5446/2014 3 prosecution cannot in any manner improve the case as against the petitioner herein, if it continues against him. The other accused already faced trial, and obtained judgment of acquittal when all the material witnesses turned fully hostile to the prosecution. There is absolutely no reason to think that those witnesses will support the prosecution as against the petitioner herein, if the prosecution continues as against him. I find, and I am definite, that continuance of prosecution against the petitioner herein will be a sheer waste of time. It will not serve any purpose other than wasting the precious time of the court. In so many decisions, the Honourable Supreme Court has held that even in cases involving non-compoundable offences, the court can act under Section 482 Cr.P.C., and quash the prosecution, if the court is well satisfied that continuance of prosecution will not serve any purpose. In the result, this Crl.M.C. is allowed. The prosecution against the petitioner herein in C.P. No. 33/2014 of Judicial First Class Magistrate Court, Vaikom will stand quashed under Section 482 Cr.P.C., and the petitioner will stand released from Crl.M.C.. No. 5446/2014 4 prosecution. The bail bond, if any executed by the petitioner will stand discharged. Sd/- P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE