Shaji vs State of Kerala

SHAJI vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 04, 2022

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https://sooperkanoon.com/case/1443884

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Citation: sooperkanoon.com/1443884
Court: Kerala High Court
Judge: Honourable Mr. Justice K.Haripal
Decided On: Feb 04, 2022
Case Number: Crl.MC/412/2022

Parties & Advocates

Appellant / Petitioner

SHAJI

Respondent

State of Kerala

Excerpt

.....cr.p.c. according to the learned counsel by the acquittal of the other accused persons, the substratum on the case has been lost and there is no meaning in continuing c.c. no. 349 of 2017 against him.3. i have heard the learned senior public prosecutor also andalso carefully gone through the final report. the allegation against the petitioner, the 2nd accused is that he had traveled in the ambulance of the time when the 1 st accused had driven the same. as noticed earlier, the 1st accused has already been acquitted in c.c. no. 202 of 2017. there is no overt act alleged against the petitioner; the only allegation is that he had traveled in the ambulance for the relevant time. i do not think that it would invite any offence under section 153 of the ipc. therefore in view ofthe fact that the accused nos. 1, 3, and 4 have already been acquitted, there is no meaning in proceeding with the case against the petitioner, entire proceedings in c.c. no. 349 of 2017 as regards the petitioner, the 2nd accused are quashed and the petitioner shall stand exonerated. the criminal miscellaneous case is allowed as above. sd/- k. haripal judgermv/04/02/2022 appendix of crl.mc 412/2022 petitioner annexures annexure a1 cc copy of the final report in crime no 453/2006 of varkala police station , thiruvananthapuram district annexure a2 cc copy of the judgment dated 22.3.2017 in cc 202/2011 of judicial first class magistrate court-1 varkala true copy p.a.to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL FRIDAY, THE 4TH DAY OF FEBRUARY 2022 / 15TH MAGHA, 1943 AGAINST THE ORDER/JUDGMENT IN CC 349/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,VARKALA PETITIONER/2ND ACCUSED: SHAJI AGED 49 YEARS S/O GOPALAKRISHNAN, SHAJI MANDIRAM, PAIVELKONAM, VETTIYARA P.O.NAVAIKULAM, THIRUVANANTHAPURAM DISTRICT BY ADV P.ANOOP (MULAVANA) RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682 031 SR.PP - SMT. SREEJA V THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

The 2nd accused in Crime No. 453 of 2006 of Varkala police station has moved this Court for quashing the proceedings under Section 482 of the Cr.P.C. on the ground of acquittal of the co-accused. That crime was registered on 24.03.2006 on a Karkidakavavu day.

2. It is alleged that the 1st accused had driven an ambulance

bearing registration No. KL-2K-1071 belonging to Shivasena by honking siren and putting on the signal lights and driven the same from Papanasham to Altharamoodu while people were thronging to attend the karkidakavavu rights, provoking the devotees and thus offence under Sections 143,153, read with 149 of the IPC is alleged against accused persons, five in number. The 1st accused was the driver of the ambulance and the other accused were

passengers in the ambulance. Petitioner is the 2nd accused. It is pointed out that the accused Nos. 1 and 4 were acquitted in C.C.No. 262 of 2007. thereafter Annexure-A2, copy of the

judgment in C.C. No. 202 of 2011 shows that by judgment dated

22nd March 2017 accused numbers 1 and 4 were also acquitted under Section 248(i) of the Cr.P.C. According to the learned counsel by the acquittal of the other accused persons, the substratum on the case has been lost and there is no meaning in continuing C.C. No. 349 of 2017 against him.

3. I have heard the learned Senior Public Prosecutor also and

also carefully gone through the final report. The allegation against the petitioner, the 2nd accused is that he had traveled in the ambulance of the time when the 1 st accused had driven the same. As noticed earlier, the 1st accused has already been acquitted in C.C. No. 202 of 2017. There is no overt act alleged against the petitioner; the only allegation is that he had traveled in the ambulance for the relevant time. I do not think that it would invite any offence under Section 153 of the IPC. Therefore in view of

the fact that the accused Nos. 1, 3, and 4 have already been acquitted, there is no meaning in proceeding with the case against the petitioner, entire proceedings in C.C. No. 349 of 2017 as regards the petitioner, the 2nd accused are quashed and the petitioner shall stand exonerated. The Criminal Miscellaneous Case is allowed as above. Sd/- K. HARIPAL JUDGE

RMV/04/02/2022 APPENDIX OF CRL.MC 412/2022 PETITIONER ANNEXURES Annexure A1 CC COPY OF THE FINAL REPORT IN CRIME NO 453/2006 OF VARKALA POLICE STATION , THIRUVANANTHAPURAM DISTRICT Annexure A2 CC COPY OF THE JUDGMENT DATED 22.3.2017 IN CC 202/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-1 VARKALA TRUE COPY P.A.TO JUDGE

Same Court & Year Kerala · 2022 Same Parties SHAJI vs State of Kerala Same Judge Honourable Mr. Justice K.Haripal