V.Vinod Vs. State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1019825
CourtKerala High Court
Decided OnAug-13-2013
JudgeHONOURABLE MR.JUSTICE V.K.MOHANAN
AppellantV.Vinod
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice v.k.mohanan tuesday, the 13th day of august 2013 22nd sravana, 1935 crl.mc.no. 3367 of 2013 () --------------------------- cc. no.63/2011 of judicial first class magistrate court-i, punalur crime no.14/1994 of kollam east police station. ........ petitioner/7th accused: ----------------------------------------- v. vinod, s/o.viswambharan pillai, aged 4 years, kalarikkukizhakkathil veedu, east of cherumoodu market, perinadu village, kollam. by advs.sri.k.siju, smt.chithra.s.babu. respondents/complainant & state: ------------------------------------------------------------- state of kerala, through the sub inspector of police, kollam east police station, kollam district, represented public prosecutor, high court of kerala at ernakulam. by public prosecutor smt.v.h. jasmine. this criminal misc. case having come up for admission on 13-08-2013, the court on the same day passed the following: rs. crl.mc.no. 3367 of 2013 appendix petitioner's annexures:- annexure-1: the certified copy of fir with the report dated 06 01.1994 in crime no.14/1994 of kollam east police station. annexure-2: the certified copy of final report submitted by the respondent in crime no.14/1994 of kollam east police station. annexure-3: the certified copy of judgment in c.c.no.85/1998 dated 29 03.2003 on the file of jfmc-i, punalur. annexure-4: the certified copy of deposition of pw1 in c.c.no.85/1998. annexure-5: the attested copy of depositions of pw2 to pw5 in c.c.no.85/1998 on the file of jfmc-i, punalur. annexure-6: the certified copy of judgment in c.c.no.184/2003 on the file of jfmc-i, punalur dated 10 03.2004. annexure-7: the certified copy of judgment in c.c.no.234/2004 on the file of jfmc-i, punalur dated 10 07.2008. respondent's annexures:- nil. //true copy// p.a. to judge. rs. v.k.mohanan, j.---------------------------------------- crl.m.c.no.3367 of 2013 ---------------------------------------- dated this the 13th day of august, 2013 order the petitioner, who is an advocate, is the 7th accused in crime no.14/1994 of kollam east police station and according to the petitioner the other accused in the very same crime faced the prosecution in 3 occasions which resulted in annexures-3, 6 and 7 judgment by which they are acquitted. therefore, he preferred the above m.c under section 482 of cr.p.c with a prayer to quash annexures-1 and 2 and all proceedings pending against him in c.c.no.63/2011 on the file of the judicial first class magistrate court-i, punnalur.2. heard the counsel for the petitioner and the learned public prosecutor.3. the prosecution case in short is as follows:- some students of s.n. college kollam including the 2nd and 3rd accused who belonged to a.b.v.p were suspended for the misbehavior. while so accused numbers 1 to 3 approached pw1 on 6/4/1994 and asked him to withdraw the suspension. when he refused to yield their demand they created tumult in crl.m.c.no.3367 o”2. front of his office. on hearing this accused nos.4 to 13 belonging to s.f.i faction formed themselves into an unlawful assembly and committed rioting armed with deadly weapons like bottle, sticks etc, and clashed with the a.b.v.p student. then the a.b.v.p students entered in the office room of pw1 and closed the door. then the other accused persons committed mischief by destroying window pane glasses and window frames using dagger and stones and as such caused loss to the tune of rs.1000/- to the college. as such all the accused had committed the offences punishable under sections 143, 147, 148, 427 and r/w section 149 of i.p.c.4. in the light of the submission made by the counsel for the petitioner, i have carefully pursued the annexures-3, 6, and 7 judgment. in annexure-3 particularly in paragraph 7 the learned magistrate who undertook the trial in c.c.no.85/1998 has found that pws.2 and 3 who are staff of s.n. college, turned hostile to the prosecution case and deposed that have not witnessed the incident. the principal of the above college who examined as pw1 is actually not an eye witness to the crl.m.c.no.3367 o”3. incident. thus the learned magistrate in paragraph 10 of annexure-3 found that none of the witnesses examined before the court stated that they saw the 4th accused participating in any criminal act. thus as per annexure-3 judgment the 4th accused in the above crime was acquitted. accused not a1 to 3 and 9 and 12 faced the prosecution in c.c.no.184/2003 and as per annexure-6 judgment those accused are also acquitted, since all the witnesses examined in annexure-6 judgment adopted the same stand as they took in annexure-3 judgment trial. similarly by annexure-7 order the 11th accused in the very same crime was also acquitted, for the reason stated therein, which are par with the reason stated in annexure-3 and 6 judgments.5. in the light of the above facts and circumstances, according to me no purpose would be served in sending the petitioner to face the trial, rather it will be resulted in sheer waste of judicial time as in the case of annexure-3, 6 and 7 judgment. in spite of annexure-3, 6 and 7 judgment if the petitioner is compelled to face the trial, according to me the crl.m.c.no.3367 o”4. same will be amount to abuse of process of court. in the result, this m.c is disposed of, quashing annexures-1 and 2 and all proceedings pending against the petitioner in c.c.no.63/2011 on the file of the judicial first class magistrate court-1, punalur. v.k.mohanan, judge as
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.K.MOHANAN TUESDAY, THE 13TH DAY OF AUGUST 2013 22ND SRAVANA, 1935 Crl.MC.No. 3367 of 2013 () --------------------------- CC. NO.63/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PUNALUR CRIME NO.14/1994 OF KOLLAM EAST POLICE STATION. ........ PETITIONER/7TH ACCUSED: ----------------------------------------- V. VINOD, S/O.VISWAMBHARAN PILLAI, AGED 4 YEARS, KALARIKKUKIZHAKKATHIL VEEDU, EAST OF CHERUMOODU MARKET, PERINADU VILLAGE, KOLLAM. BY ADVS.SRI.K.SIJU, SMT.CHITHRA.S.BABU. RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, KOLLAM DISTRICT, REPRESENTED PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SMT.V.H. JASMINE. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13-08-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. Crl.MC.No. 3367 of 2013 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE-1: THE CERTIFIED COPY OF FIR WITH THE REPORT DATED 06 01.1994 IN CRIME NO.14/1994 OF KOLLAM EAST POLICE STATION. ANNEXURE-2: THE CERTIFIED COPY OF FINAL REPORT SUBMITTED BY THE RESPONDENT IN CRIME NO.14/1994 OF KOLLAM EAST POLICE STATION. ANNEXURE-3: THE CERTIFIED COPY OF JUDGMENT IN C.C.NO.85/1998 DATED 29 03.2003 ON THE FILE OF JFMC-I, PUNALUR. ANNEXURE-4: THE CERTIFIED COPY OF DEPOSITION OF PW1 IN C.C.NO.85/1998. ANNEXURE-5: THE ATTESTED COPY OF DEPOSITIONS OF PW2 TO PW5 IN C.C.NO.85/1998 ON THE FILE OF JFMC-I, PUNALUR. ANNEXURE-6: THE CERTIFIED COPY OF JUDGMENT IN C.C.NO.184/2003 ON THE FILE OF JFMC-I, PUNALUR DATED 10 03.2004. ANNEXURE-7: THE CERTIFIED COPY OF JUDGMENT IN C.C.NO.234/2004 ON THE FILE OF JFMC-I, PUNALUR DATED 10 07.2008. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE. rs. V.K.MOHANAN, J.

---------------------------------------- Crl.M.C.No.3367 of 2013 ---------------------------------------- Dated this the 13th day of August, 2013 ORDER

The petitioner, who is an Advocate, is the 7th accused in Crime No.14/1994 of Kollam East Police Station and according to the petitioner the other accused in the very same crime faced the prosecution in 3 occasions which resulted in Annexures-3, 6 and 7 judgment by which they are acquitted. Therefore, he preferred the above M.C under Section 482 of Cr.P.C with a prayer to quash Annexures-1 and 2 and all proceedings pending against him in C.C.No.63/2011 on the file of the Judicial First Class Magistrate Court-I, Punnalur.

2. Heard the counsel for the petitioner and the learned Public Prosecutor.

3. The prosecution case in short is as follows:- Some students of S.N. College Kollam including the 2nd and 3rd accused who belonged to A.B.V.P were suspended for the misbehavior. While so accused numbers 1 to 3 approached PW1 on 6/4/1994 and asked him to withdraw the suspension. When he refused to yield their demand they created tumult in Crl.M.C.No.3367 o”

2. front of his office. On hearing this accused Nos.4 to 13 belonging to S.F.I faction formed themselves into an unlawful assembly and committed rioting armed with deadly weapons like bottle, sticks etc, and clashed with the A.B.V.P student. Then the A.B.V.P students entered in the office room of PW1 and closed the door. Then the other accused persons committed mischief by destroying window pane glasses and window frames using dagger and stones and as such caused loss to the tune of Rs.1000/- to the College. As such all the accused had committed the offences punishable under Sections 143, 147, 148, 427 and r/w Section 149 of I.P.C.

4. In the light of the submission made by the counsel for the petitioner, I have carefully pursued the Annexures-3, 6, and 7 judgment. In Annexure-3 particularly in paragraph 7 the learned Magistrate who undertook the trial in C.C.No.85/1998 has found that PWs.2 and 3 who are staff of S.N. College, turned hostile to the prosecution case and deposed that have not witnessed the incident. The Principal of the above College who examined as PW1 is actually not an eye witness to the Crl.M.C.No.3367 o”

3. incident. Thus the learned Magistrate in paragraph 10 of Annexure-3 found that none of the witnesses examined before the Court stated that they saw the 4th accused participating in any criminal act. Thus as per Annexure-3 judgment the 4th accused in the above crime was acquitted. Accused not A1 to 3 and 9 and 12 faced the prosecution in C.C.No.184/2003 and as per Annexure-6 judgment those accused are also acquitted, since all the witnesses examined in Annexure-6 judgment adopted the same stand as they took in Annexure-3 judgment trial. Similarly by Annexure-7 order the 11th accused in the very same crime was also acquitted, for the reason stated therein, which are par with the reason stated in Annexure-3 and 6 judgments.

5. In the light of the above facts and circumstances, according to me no purpose would be served in sending the petitioner to face the trial, rather it will be resulted in sheer waste of judicial time as in the case of Annexure-3, 6 and 7 judgment. In spite of Annexure-3, 6 and 7 judgment if the petitioner is compelled to face the trial, according to me the Crl.M.C.No.3367 o”

4. same will be amount to abuse of process of Court. In the result, this M.C is disposed of, quashing Annexures-1 and 2 and all proceedings pending against the petitioner in C.C.No.63/2011 on the file of the Judicial First Class Magistrate Court-1, Punalur. V.K.MOHANAN, JUDGE AS