IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE [ENTITY] 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 [CASE NUMBER] 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] of the [ACT]
2. The petitioner herein is the accused in [CASE NUMBER] on the file of the Judicial First Class Magistrate Court-II, Kannur. The aforesaid case has originated from [CASE NUMBER] registered by the Valapattanam Police Station alleging offences punishable under [SECTION] read with [SECTION] of the [ACT].
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.
6. The learned Counsel appearing for the petitioner, relying on the decisions of this Court in [PRECEDENT], [PRECEDENT], [PRECEDENT] and [PRECEDENT] 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] of the Code.
8. As held by a three Judge Bench of this Court in [PRECEDENT], 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] of the [ACT], a case where the substratum of the case is lost is an exception to the above rule.
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] 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 [CASE NUMBER] on the file of the Judicial First Class Magistrate Court-II, Kannur are quashed.
[ENTITY] V JUDGE DSV/- TRUE COPY P.A. TO JUDGE APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE I A TRUE COPY OF THE FIRST INFORMATION REPORT
DATED 23-06-2016 IN [CASE NUMBER] OF THE VALAPATTANAM POLICE STATION.
ANNEXURE II A TRUE COPY OF THE FINAL REPORT DATED 02-09- 2016 IN [CASE NUMBER] 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 [CASE NUMBER] 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.
[ENTITY] AND [ENTITY] IN [CASE NUMBER] DATED 07-04-2017.
ANNEXURE VIII A TRUE COPY OF THE JUDGMENT AND DECREE DATED 10-4-2017 IN [CASE NUMBER] SUBORDINATE JUDGE, MAHE.
RESPONDENT'S/S EXHIBITS:
NIL TRUE COPY P.A.TO JUDGE