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Swaraj vs State Of Kerala on 24 May, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

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

PETITIONER/S:

SWARAJ, AGED 35 YEARS
S/O. SIVAN, PERUMALA HOUSE, ELAKOLLOOR MURI,
PRAMADAM VILLAGE, PATHANAMTHITTA DISTRICT-689 645.

BY ADV. SRI.AJEESH K.SASI

RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031.

OTHER PRESENT:
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
ORDER

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.

Sd/-

sdk+ ALEXANDER THOMAS, JUDGE
Crl.M.C.3565/19 – : 5 :-

APPENDIX
PETITIONER’S/S EXHIBITS:

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,
PATHANAMTHITTA.

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