IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 15TH DAY OF NOVEMBER 2018 / 24TH KARTHIKA, 1940
Crl.MC.No. 5318 of 2018
CC 1442/2017 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KANNUR
CRIME NO. 1363/2016 OF VALAPPATTANAM POLICE STATION, KANNUR
PETITIONER/5TH ACCUSED:
P.P.PRAKASHAN,
AGED 49 YEARS, S/O. NANU, KULANGARATH HOUSE,
MEPPAYIL, PACHAKKARI MUKKU, VADAKKARA, KOZHIKODE
DISTRICT.
BY ADVS.
SRI.ADITHYA RAJEEV
SRI.ARJUN RAGHAVAN
SRI.T.R.HARIKUMAR
RESPONDENTS/DE FACTO COMPLAINANT STATE:
1 P.P.SREEPRIYA,
D/O. P.P RAMACHANDRAN, PACHERI HOUSE, ALAVIL P.O,
KANNUR DISTRICT – PIN – 670 008.
2 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA,ERNAKULAM, KOCHI – 682 031.
R2 BY SRI C M KAMAPPU, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15.11.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 5318 of 2018 2
ORDER
This petition is filed under Section 482 of the Cr.P.C.
2. The petitioner herein is the accused in C.C.No.1442 of
2017 on the file of the Judicial First Class Magistrate Court-II,
Kannur. The aforesaid case has originated from Crime No.1363 of
2016 registered by the Valapattanam Police Station alleging offences
punishable under Section 498A read with Section 34 of the IPC.
3. As many as five persons were arrayed as the accused in
the final report and the petitioner was the 5 th accused. The
petitioner absconded and was not available for trial. Case against
accused Nos. 1 to 4 were proceeded with and by Annexure-VI
judgment dated 31.10.2017, they were found not guilty of the
offence and were acquitted of all charges.
4. It is on the basis of the acquittal of the co-accused that
this petition is filed seeking to quash the proceedings on the ground
that the substratum of the case as against the petitioner has been
shattered.
5. Heard the learned counsel for the petitioner as well as the
learned Public Prosecutor.
Crl.MC.No. 5318 of 2018 3
6. The learned Counsel appearing for the petitioner, relying on
the decisions of this Court in Moosa v. Sub Inspector of Police
[2006 (1) KLJ 349], Abbas T.K. v. State of Kerala [2013 KHC
336], Jalalu Rajan and Anr. v. State of Kerala [2013 KHC 177]
and Ashraf Kancheriyil v. State of Kerala [2011 (2) KHC 812]
would submit that the continuance of proceedings against the
petitioner would serve no purpose.
7. I have gone through Annexure-II final report, Annexure-III
deposition of the victim and Annexure-VI judgment of acquittal
rendered by the court below. In her evidence, the de facto
complainant stated that none of the accused had subjected her to
cruelty. The court below held that there was no evidence to connect
any of the accused with the crime and the accused were acquitted
under Section 232 of the Code.
8. As held by a three Judge Bench of this Court in Moosa v.
Sub Inspector of Police (2006 (1) KLT 552), though the
reasoning of the judgment contained or appreciation of evidence in
the case of a co-accused therein are not grounds to attract any relief
under Section 482 of the Code of Criminal Procedure, a case where
the substratum of the case is lost is an exception to the above rule.
Crl.MC.No. 5318 of 2018 4
9. I am of the firm view that no purpose is going to be served
by directing the petitioner to face the trial at this stage. It can only
be a futile exercise and will only serve to waste precious judicial time
which can be used for more productive work. The prospects of
conviction is extremely bleak as no evidence of worth could be
adduced by the prosecution during the previous trial. This Court will
be justified in quashing the proceedings under Section 482 of the
Code.
In the result, this petition is allowed. Annexure-II final report
and all proceedings pursuant thereto against the petitioner now
pending as C.C.No.1442 of 2017 on the file of the Judicial First Class
Magistrate Court-II, Kannur are quashed.
SD/-
RAJA VIJAYARAGHAVAN V
JUDGE
DSV/- //TRUE COPY// P.A. TO JUDGE
Crl.MC.No. 5318 of 2018 5
APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE I A TRUE COPY OF THE FIRST INFORMATION REPORT
DATED 23-06-2016 IN CRIME NO. 1363/2016 OF
THE VALAPATTANAM POLICE STATION.
ANNEXURE II A TRUE COPY OF THE FINAL REPORT DATED 02-09-
2016 IN CRIME NO. 1363 OF 2016 OF THE
VALAPATTANAM POLICE STATION.
ANNEXURE III A TRUE COPY OF THE DEPOSITION OF PW1(DEFACTO
COMPLAINANT) DATED 27-10-2017.
ANNEXURE IV A TRUE COPY OF THE DEPOSITION OF PW2(FATHER
OF THE DEFACTO COMPLAINANT) DATED 27-10-
2017.
ANNEXURE V A TRUE COPY OF THE DEPOSITION OF PW3(MOTHER
OF THE DEFACTO COMPLAINANT).
ANNEXURE VI A TRUE COPY OF THE JUDGMENT IN CC NO. 2153
OF 2016 OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT-II, KANNUR DATED 31-10-
2017.
ANNEXURE VII A TRUE COPY OF THE JOINT MEMO FILED BY SRI.
KALESH AND SMT. SREEPRIYA IN M.O.P NO.3/2016
DATED 07-04-2017.
ANNEXURE VIII A TRUE COPY OF THE JUDGMENT AND DECREE DATED
10-4-2017 IN M.O.P NO.3/2016 OF THE
SUBORDINATE JUDGE, MAHE.
RESPONDENT’S/S EXHIBITS:
NIL
//TRUE COPY//
Crl.MC.No. 5318 of 2018 6P.A.TO JUDGE
