V S Prakash Vs. State of Kerala - Court Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID FRIDAY, THE29H DAY OF NOVEMBER20138TH AGRAHAYANA, 1935 Crl.MC.No. 5681 of 2013 ---------------------------------- [L.P.NO.9/2012 OF ASSISTANT SESSIONS COURT, OTTAPALAM, CRIME NO. 81/2001 OF SHORNUR POLICE STATION , PALAKKAD DISTRICT] ................ PETITIONER/ACCUSED: ---------------------------------- V.S PRAKASH @SREEPRAKASH, 36 YEARS, S/O. NARAYANAN NAIR, VILAKKATHALA VEEDU, KOONAMTHARA, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.R.SREEHARI. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, THROUGH THE SUB INSPECTOR OF POLICE, SHORANUR POLICE STATION, SHORANUR - 679 121. BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON2911-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. CRL.M.C. NO.5681/2013: APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1: CERTIFIED COPY OF F.I.R. IN CRIME NO.81/2001 OF SHORANUR POLICE STATION WITH F.I.STATEMENT. ANNEXURE A2: CERTIFIED COPY OF FINAL REPORT FILED IN CRIME NO.81/2001 OF SHORANUR POLICE STATION. ANNEXURE A3: CERTIFIED COPY OF WITNESS LIST PRODUCED IN S.C. 669/2007 OF ASSISTANT SESSIONS COURT, OTTAPALAM. ANNEXURE A4: CERTIFIED COPY OF JUDGMENT

IN SESSION CASE NO.669/2007 DT. 18/02/2012 OF ASSISTANT SESSIONS COURT, OTTAPALAM. ANNEXURE A5: CERTIFIED COPY OF EVIDENCE OF PW1 IN S.C. 669/2007 OF ASST. SESSIONS COURT, OTTAPALAM WITH LEGIBLE COPY. ANNEXURE A6: CERTIFIED COPY OF EVIDENCE OF PW2 IN S.C. 669/2007 OF ASST. SESSIONS COURT, OTTAPALAM WITH LEGIBLE COPY. ANNEXURE A7: CERTIFIED COPY OF EVIDENCE OF PW3 IN S.C. 669/2007 OF ASST. SESSIONS COURT, OTTAPALAM WITH LEGIBLE COPY. ANNEXURE A8: CERTIFIED COPY OF INQUEST REPORT FILED IN CRIME NO.81/2001 OF SHORANUR POLICE STATION. ANNEXURE A9: CERTIFIED COPY OF RELEVANT PAGES OF PASPORT OF THE PETITIONER WITH ENDORSEMENT. RESPONDENTS' ANNEXURES: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. HARUN-UL-RASHID, J.

--------------------------- Crl.M.C. No.5681 of 2013 -------------------------- Dated this the 29th day of November 2013. ORDER

Petitioner is the 2nd accused in Crime No. 81/2001 of Shoranur Police Station, Palakkad District refiled as L.P.No. 9/2012 on the file of the Assistant Sessions Court, Ottapalam. The offence alleged is punishable under Section 9B(1) (b) of Explosive Act 1884. The Crl.M.C is filed seeking to quash Final Report in Crime No. 81/2001 and all further proceedings in L.P.No.9/2012 on the file of the Assistant Sessions Court, Ottapalam.

2. There are altogether 7 accused. All other accused are acquitted by the court in Sessions Case No. 669/2007. The case against accused No.2 is split up and refiled. Learned Sessions Judge held that there is absolutely nothing on record to connect the accused with the crime and therefore, the accused is entitled to acquittal. All the accused except the petitioner are acquitted under Section 232 Cr.P.C. Annexure A4 is the copy of the judgment. A perusal of Annexure A4 indicate that all the prosecution witnesses examined did not support the prosecution case. Crl.M.C. No.5681/2013 :

2. :

3. In the above facts and circumstance of the case, even if the allegations are taken at the face value, in the light of Annexure A4 Judgment, there is no chance for successful prosecution. No purpose will be served by continuing the prosecution against the petitioner. In the result, the Crl.M.C is allowed. Annexure A2 Final report in Crime No. 81/2001 of Shoranur Police Station and all further proceedings in L.P.No.9/12 of Assistant Sessions Court, Ottapalam are quashed. Sd/- HARUN-UL-RASHID, Judge. AL/- True copy P.A to Judge