Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY, THE 30TH DAY OF JUNE 2021 / 9TH ASHADHA, 1943 CRIME NO.450/2016 OF PATTAMBI POLICE STATION, PALAKKAD AGAINST THE ORDER/JUDGMENT IN CC 234/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS , PATTAMBI, PALAKKAD PETITIONER/S: 1 ADHITHYAN K S/O. BABU K., ADIKAVYAM HOUSE, PULASSERIKARA, MARUTHOOR POST, PALAKKAD-679306. 2 NITHUN KRISHNA, S/O. GOPALAKRISHNAN, KRISHNA SREE HOUSE, PERUMUDIYOOR MUTHUTHALA, PALAKKAD -679303. 3 ABINAV M.P., S/O. AYYAPPAN, ANASWARA, LIBERTY STREET, KULAPPURAM, PATTAMBI P.O., PALAKKAD-679303. BY ADVS. N.ANAND SRI.BIJITH S.KHAN SHRI.RAJESH O.N. RESPONDENT/S: 1 STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2 RAJIN KRISHNAN, S/O. KRISHNANKUTTY, NARAVANKUNNATH HOUSE, KALLADIPATTA POST, PATTAMBI, PALAKKAD-679313. OTHER PRESENT: SRI.M.R.DHANIL-PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O R D E R
Dated this the 30th day of June 2021 The petitioners are accused 3 to 5 in Crime No.450/2016 of Pattambi Police Station for having allegedly committed the offences punishable under Sections 143, 147, 323, 326 and 506(1) read with Section 149 of the I.P.C.
2. The case against the petitioners was made over to the Juvenile Justice Board, Palakkad for the reason that
they were juveniles in conflict with the law. The main case continued before the Judicial First Class Magistrate Court, Pattambi as C.C.No.234/2017 against the accused who
had attained majority. The learned Assistant Public Prosecutor filed a petition under Section 321 of the Cr.P.C. for withdrawal from the prosecution and that
application was allowed by the JFMC, Pattambi vide order
dated 27.06.1019. The case against the petitioners, who were juveniles, is however pending before the Juvenile Justice Board and no application has been filed by the Prosecutor therein to withdraw from the prosecution. In view of the fact that the case against the accused, who have attained majority, has already been permitted to be withdrawn under Section 321, Cr.P.C. by the Magistrate trying the case, there is no point in keeping the matter before the Juvenile Justice Board pending against the petitioners, who were then juveniles in conflict with law. Hence the petitioners seek quashing the proceedings against them.
3. Report called from the Principal Magistrate in
charge of Juvenile Justice Board states that the petitioners were granted bail in 2016 and thereafter, the final report has not been filed. Considering the above facts, I find that the crime as against the petitioners will have to be quashed under Section 482 of Cr.P.C. Hence, the Crl.M.C. is allowed and the entire proceedings as against the petitioners in Crime No.450/2016 of Pattambi Police Station, presently pending before the Juvenile Justice Board without filing any charge sheet since 2016, shall stand quashed under Section 482 of Cr.P.C. and the petitioners are discharged and set at liberty. Sd/- ASHOK MENON JUDGE dkr APPENDIX OF CRL.MC 2162/2021 PETITIONER ANNEXURE ANNEXURE A1 TRUE COPY OF THE FIR NO.450/16 DATED 27.6.16 IN CRIME NO., PATTAMBI POLICE STATION, PALAKKAD. ANNEXURE A2 TRUE COPY OF THE PETITION DATED 11.2.2019 FILED BY ASSISTANT PUBLIC PROSECUTOR BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PATTAMBI IN C.C.NO.234 OF 2017. ANNEXURE A3 TRUE COPY OF THE ORDER DATED 27.6.2019 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PATTAMBI IN C.C.NO.234 OF 2017. ANNEXURE A4 TRUE COPY OF THE COMMUNICATION DATED 8.2.2021 ISSUED BY REGIONAL PASSPORT OFFICE, COCHIN.