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Mohanan P.R vs State Of Kerala on 26 October, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

FRIDAY ,THE 26TH DAY OF OCTOBER 2018 / 4TH KARTHIKA, 1940

Crl.MC.No. 3841 of 2018

(TO QUASH ANNEXURE-A1 FIR IN FRIME NO.117/2004 DATED
16.11.2004 OF THE VENMONY POLICE STATION, ALAPPUZHA AND
ANNEXURE-A2 FINAL REPORT FILED BY THE DEPUTY
SUPERINTENDENT OF POLICE, CHENGANNUR BEFORE THE JUDICIAL
FIRST CLASS MAGISTRATE COURT-II, CHENGANNUR ON
25.11.2005)

CRIME NO. 117/2004 OF VENMANI POLICE STATION, ALAPPUZHA

PETITIONER/4TH ACCUSED:

MOHANAN P.R, AGED 44 YEARS, S/O. RAGHAVAN,
RESIDING AT PULIMUGHATHAYYATHU VEEDU,
CHERIYANADU KIZHAKKUM MURI, CHERIYANADU
VILLAGE.

BY ADV. SMT.I.SHEELA DEVI

RESPONDENT/COMPLAINANT STATE:

STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM, KOCHI – 682 031

BY PUBLIC PROSECUTOR SRI.T.R RENJITH

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY
HEARD ON 26.10.2018, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Crl.MC.No. 3841 of 2018

2

O R D E R

The petitioner herein stands arrayed as the

fourth accused in Crime No.117/2004 of Venmony

Police Station for offences punishable under

sections 498A, 315, 506 (II) read with section

34 of the Indian Penal Code and Section 3 (x)

(xi) and (xii) of SC/ST (Prevention of

Atrocities) Act, 1989.

2. It was alleged by the defacto

complainant that she belongs to the Hindu

Cheramar community falling within the Scheduled

Caste and the petitioner herein, on the date of

incident abused her and called her by caste

name, She laid a complaint alleging commission

of offences on various dates spanning from

10.10.2004 to 05.11.2004. Pursuant to Ext.P1

complaint, crime was registered and after

investigation, charge sheet was filed.

Cognizance was taken and the matter was pending
Crl.MC.No. 3841 of 2018

3

as SC.No.338/2006 before the Sessions Court,

Alappuzha. Accused 1 to 3, faced the trial. On

an evaluation of the materials placed before the

court below, it concluded that there was

nothing to show that accused had committed any

of the offences. Hence they were acquitted. The

case against the petitioner herein was split up

and is now pending as SC.No.154/2015 of Sessions

Court, Alappuzha.

3. The petitioner now contends that, in the

light of the acquittal of the co-accused after

trial, the benefit of it should enure to the

petitioner herein also. A perusal of Annexure-

A3 judgment clearly shows that after a detailed

evaluation of the materials on record, the court

below concluded that there was no reliable

evidence to establish the offences alleged.

Hence the co-accused was acquitted. The learned

Public Prosecutor on instructions submitted that

Annexure-A3 judgment was not challenged in any

other proceedings. Having considered these
Crl.MC.No. 3841 of 2018

4

facts and the quality of evidence let in by the

prosecution I am inclined to hold that no

purpose will be served by prosecuting the

petitioner herein. Accordingly, Crl.M.C is

liable to be allowed, quashing of further

proceedings in SC.No.154/2015 of Sessions Court,

Alappuzha.

4. It is pertinent to note that the crime

is of the year 2004. The Sessions case was of

the year 2006. The remaining accused were

acquitted in the year 2008. Through out the

proceedings, the petitioner herein remained

absent and did not contest the proceedings.

Evidently, he has caused considerable delay in

the judicial proceedings by his conduct, I am

inclined to allow the Crl.M.C on payment of

cost. Accordingly, Crl.M.C will stand allowed

and all further proceedings in SC.No.154/2015 of

Sessions Court, Alappuzha will stand quashed on

condition that the petitioner herein deposits a

sum of Rs.3000/- (Rupees three thousand only)
Crl.MC.No. 3841 of 2018

5

within one month from today before the Kerala

State Mediation and Conciliation Committee,

Ernakulam and on producing receipt before this

court.

Sd/-

SUNIL THOMAS, JUDGE

R.AV

//True Copy// PA to Judge
Crl.MC.No. 3841 of 2018

6

APPENDIX

PETITIONER’S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE F.I.R. IN

CRIME NO. 117/2004 REGISTERED BY
VENMONY POLICE STATION DATED
16.11.2004.

ANNEXURE A2 CERTIFIED COPY OF THE FINAL
REPORT IN CRIME NO. 117/2004
DATED 25.11.2005 FILED BY THE
DEPUTY SUPERINTENDENT OF POLICE,
CHENGANNUR BEFORE THE JUDICIAL
FIRST CLASS MAGISTRATE COURT-II,
CHENGANNUR

ANNEXURE A3 TRUE COPY OF THE JUDGMENT DATED
31.07.2008 IN SC NO. 338/2006 OF
THE SESSIONS COURT, ALAPPUZHA.

RESPONDENT’S/S EXHIBITS NIL

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