Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943 CRL.MC NO. 7662 OF 2019 CC 35/2018 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - I,PALAKKAD PETITIONER/ACCUSED NO. 2: SURENDRAN AGED 43 YEARS S/O.KESAVAN, MAATHUR HOUSE, MUDAPPALLUR, PALAKKAD. BY ADV. V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/COMPLAINANT & STATE: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. BY SRI. RENJITH T.R., SENIOR PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.09.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.No.7662 OF 2019 2
ORDER
Petitioner is the second accused in Crime No. 385/2013 of Kuzhalmannam police station which was registered on 20.03.2013, alleging offence under Section 379 read with 34 of the Indian Penal Code. The petitioner has moved this Court for quashing the proceedings against him now pending as L.P. No. 11/2019 before the Judicial First Class Magistrate Court - I, Palakkad. According to him, accused Nos. 1 and 3 have already faced trial in C.C. No.
he was absconding and later case against him has been transferred to Long Pending Register and refiled as L.P. No.11/2019; now warrant is pending against him. The learned counsel for the petitioner submits that there is absolutely no material to connect the involvement of the petitioner who is running business in steel, that his lorry was allegedly used for stealing steel worth Rs.10,260/-, which was allegedly transported from a place Kaliyath Steel
Crl.M.C.No.7662 OF 2019 3 Traders to Chikkago International at Kumarakom, Kottayam.
2. According to the learned counsel, Annexure B
judgment clearly indicates that the petitioner played no role in the
alleged commission of crime. Moreover, by the said judgment, the substratum of the case has been lost, therefore, there is no purpose in putting him for trial.
3. I heard the learned Senior Public Prosecutor. My
attention has been drawn to Annexure B judgment. As rightly pointed out, after trial of accused Nos. 1 and 3, it has come out that prosecution could not make out any evidence regarding the involvement of accused Nos. 2 and 3 in the alleged incident. This being the finding of the trial court, there is no purpose in putting the petitioner for trial. As rightly pointed out, Annexure B cuts the root of any scope for further prosecution. By Annexure B, accused Nos. 1 and 3 have been found not guilty and acquitted under
Section 248(1) of the Code of Criminal Procedure. The judgment
dated 12.01.2018 has become final. In the circumstances, it is idle to put the petitioner for trial.
4. Resultantly, the proceedings in L.P. No. 11/2019 Crl.M.C.No.7662 OF 2019 4 pending before the Judicial First Class Magistrate Court, Palakkad are hereby quashed. Crl.M. C. is allowed as above. Sd/- K.HARIPAL JUDGE
DCS/04.10.2021 Crl.M.C.No.7662 OF 2019 5 APPENDIX PETITIONER'S ANNEXURES ANNEXURE A TRUE COPY OF THE FINAL REPORT IN CR.NO.385/2013 OF KUZHALMANNAM POLICE STATION, PALAKKAD. ANNEXURE B CERTIFIED COPY OF THE JUDGMENT IN C.C.NO.2101/2013 OF THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS-I, PALAKKAD DATED 12.1.2018.