IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY, THE 24TH DAY OF MAY 2019 / 3RD JYAISHTA, 1941
Crl.MC.No. 3565 of 2019
AGAINST THE ORDER/JUDGMENT IN CC 1043/2018 of JUDICIAL
MAGISTRATE OF FIRST CLASS -II,PATHANAMTHITTA
CRIME NO. 615/2008 OF Konni Police Station , Pathanamthitta
SWARAJ, AGED 35 YEARS
S/O. SIVAN, PERUMALA HOUSE, ELAKOLLOOR MURI,
PRAMADAM VILLAGE, PATHANAMTHITTA DISTRICT-689 645.
BY ADV. SRI.AJEESH K.SASI
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031.
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
Crl.M.C.No. 3565 of 2019
Dated this the 24th day of May, 2019
The petitioner herein is the 1st accused in Crime No. 615/2008
of Konni Police Station, registered for offences punishable under
Sec.498A read with Sec.34 of the SectionI.P.C, which has led to the
institution of C.C.No. 162/2010 on the file of the Judicial First Class
Magistrate’s Court-II, Pathanamthitta. Original accused Nos.2 and 3
faced trial. The case against the petitioner herein has subsequently
been re-numbered as C.C.No.1043/2018 on the file of the Judicial
First Class Magistrate’s Court-II, Pathanamthitta. After meticulous
apprisal of the evidence on record, the trial court concluded in Anx. B
judgment that there is no evidence to connect the said co-accused
persons (A-2 and A-3) with the impugned criminal charges and had
accordingly, acquitted the said co-accused. The petitioner 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.B judgment.
Crl.M.C.3565/19 – : 3 :-
2. Heard Sri.Ajeesh K.Sasi, learned counsel for the petitioner
and Sri.Saigi Jacob Palatty, the learned Public Prosecutor appearing
for the respondent State of Kerala.
3. On a perusal of Anx.B 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. B judgment
it is crystal clear that the substratum of the prosecution 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.
Any further continuance of the impugned criminal proceedings would
amount to mere wastage of precious resources of the State including
that of the judiciary. This Court in the cases as in SectionMoosa v. Sub
Inspector of Police reported in 2006 (1) KLT 552, SectionAshraf
Kancheriyil v. State of Kerala reported in 2011(2) KHC 8123,
and SectionAbbas v. State of Kerala 2013 (2) KLT 976, has held that if
the substratum of the prosecution is demolished by the acquittal of
the co-accused, this Court could exercise the powers under Sec.482 of
the SectionCr.P.C. to consider the prayer of quashment of the impugned
Crl.M.C.3565/19 – : 4 :-
criminal proceedings against the other accused. In this view of the
matter, it is ordered in the interest of justice that the impugned Anx.
A final report/charge sheet filed in Crime No. 615/2008 of Konni
Police Station, which has led to the pendency of C.C.No.1043/2018
on the file of the Judicial First Class Magistrate’s Court-II,
Pathanamthitta, and all further proceedings arising therefrom
pending against the petitioner herein stand quashed.
With these observations and directions, the Criminal
Miscellaneous Case stands finally disposed of.
sdk+ ALEXANDER THOMAS, JUDGE
Crl.M.C.3565/19 – : 5 :-
ANNEXURE A TRUE COPY OF THE FINAL REPORT IN CRIME
NO.615/2008 OF KONNI POLICE STATION.
ANNEXURE B TRUE COPY OF THE JUDGMENT DATED 17.10.2018
IN C.C.NO.162/2010 OF THE COURT OF THE
JUDICIAL FIRST CLASS MAGISTRATE-II,