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Shajudeen vs State Of Kerala on 2 April, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

TUESDAY, THE 02ND DAY OF APRIL 2019 / 12TH CHAITHRA, 1941

Crl.MC.No. 2163 of 2019

AGAINST THE ORDER/JUDGMENT IN CC 4320/2015 of JUDICIAL
MAGISTRATE OF FIRST CLASS -I, CHENGANNUR

CRIME NO. 121/2007 OF Venmani Police Station , Alappuzha

PETITIONER/S:

SHAJUDEEN
AGED 51 YEARS
S/O.ABDUL RAHMAN, THAYYIL PUTHEN VEEDU, CHERIYANADU
P/W VIII, CHERUVALLUR MURI, CHERIYANADU, ALAPPUZHA.

BY ADVS.
SRI.R.SUNIL KUMAR
SMT.A.SALINI LAL

RESPONDENT/S:
STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM THROUGH SUB INSPECTOR OF POLICE, VENMONY.

OTHER PRESENT:
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
02.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.

Crl.M.C.No. 2163 of 2019

Dated this the 2nd day of April, 2019
JUDGMENT

The petitioner herein is the 1st accused in Anx. 2 final report

filed in Anx.1 Crime No.121/2007 of Venmony Police Station,

registered for offences punishable under Sec.498A of the IPC.

Original accused Nos.2, 3 and 5 faced trial. The case against the

petitioner herein has subsequently been re-numbered as C.C.No.

4320/2015 on the file of the Judicial First Class Magistrate’s Court-I,

Chengannur. After meticulous appraisal of the evidence on record,

the trial court concluded in Anx.3 judgment that there is no evidence

to connect the said co-accused persons (A2, A3 and A-5) with the

impugned criminal charges and had accordingly, acquitted the said

co-accused. The petitioner herein has filed the instant criminal case

with the prayer for quashment of the impugned criminal proceedings

pending against him on the ground that the substratum of the

prosecution case has been shattered by the acquittal of the said co-

accused persons as per Anx.3 judgment.

2. Heard Sri.R.Sunil Kumar, learned counsel for the

petitioner and Sri.Saigi Jacob Palatty, the learned Prosecutor

appearing for the respondent State of Kerala.

Crl.M.C.2163/19 – : 3 :-

3. On a perusal of Anx.3 judgment, it can be seen that the

trial court has conclusively held that there is no evidence to connect

the said co-accused persons with the impugned charges and acquitted

the said co-accused persons. From a mere reading of Anx.3 judgment

it is crystal clear that the substratum of the prosecution case has been

shattered by the acquittal of the said co-accused persons. No

meaningful purpose will be subserved by prolonging the agony of the

impugned criminal proceedings now pending against the petitioner

herein. Any further continuance of the impugned criminal

proceedings would amount to mere wastage of precious resources of

the State including that of the judiciary. In this view of the matter, it

is ordered in the interest of justice that the impugned Anx. 2 final

report/charge sheet filed in the impugned Anx.1 Crime No. 121/2007

of Venmony Police Station, which has led to the pendency of C.C.No.

4320/2015 on the file of the Judicial First Class Magistrate’s Court-I,

and all further proceedings arising therefrom pending against the

accused will stand quashed.

With these observations and directions, the Criminal

Miscellaneous Case stands finally disposed of.

Sd/-

Bkn/- ALEXANDER THOMAS, JUDGE
Crl.M.C.2163/19 – : 4 :-

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE 1 COPY OF THE F.I.R AND F.I.S.

ANNEXURE 2 COPY OF THE FINAL REPORT.

ANNEXURE 3 COPY OF THE JUDGMENT IN C.C.NO.33/08.

ANNEXURE 4 COPY OF THE DEPOSITION OF PW-1 TO 9.

ANNEXURE 5 COPY OF THE DEATH CERTIFICATE.

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