IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 Crl.MC.No. 3688 of 2011() ------------------------------------ SC.1690/2001 of ADDL.SESSIONS COURT (ADHOC)III, TRIVANDRUM CP.41/2001 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, NEYYATTINKARA. CRIME NO.378/1995 OF NEYYATTINKARA POLICE STATION. .................... PETITIONER(S): 2ND ACCUSED ---------------------------------------------- SUNDARAN,S/O.MADHAVAN NADAR, MANNADIDATHATTUVEEDU,NEYYATTINKARA. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR SRI.T.K.ANANDA KRISHNAN SRI.JELSON J.EDAMPADAM RESPONDENT(S): STATE ------------------------------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,OFFICE OF THE ADVOCATE GENERAL, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.3688/2011 APPENDIX PETITIONER'S ANNEXURES AI:- CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.378/1995 OF NEYYATTINKARA POLICE STATION. AII:- CERTIFIED COPY OF THE JUDGMENT DTD. 30.1.2008 IN SC. 1690/2001 OF THE ADDITIONAL SESSIONS JUDGE, FAST TRACK III, THIRUVANANTHAPURAM. RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.S. TO JUDGE tss N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3688 of 2011 ---------------------------------------------------- Dated this the 14th day of November, 2011 Order The petitioner was the second accused in Crime No.378 of 1995 of Neyyattinkara Police Station. After conducting investigation, charge sheet was laid against four accused. Since this accused was absconding, the case against him was split up. The case against other accused was committed to the Sessions Court in C.P.No.41 of 2001. That case was tried by the learned Additional Sessions Judge, Fast Track-III, Trivandrum as SC No.1690 of 2001. The defacto complainant and two eye witnesses did not support the prosecution. The incident took place at night, i.e. at 1 AM on 11.8.1995. The allegation was that the accused persons trespassed into the property of the complainant and by using explosive substance, the basement of the house of the defacto complainant was destroyed. The learned counsel for the petitioner submits that all the material witnesses examined before the court below in SC No.1690 of 2001 practically turned hostile stating that they did not see the incident. Hence all the Crl.M.C.3688/11 2 three accused who faced trial were acquitted by the learned Sessions Judge under Section 232 Cr.P.C. Therefore, according to the learned counsel, no purpose will be served by asking this petitioner to face the trial. As the incident took place during the night and the witnesses already deposed before the court that they did not see the incident, I find, no purpose will be served by asking the accused to face trial. In these circumstances, it is just and proper that further proceedings in L.P.No.45 of 2007 on the file of JFCM Court-I, Neyyattinkara as against this petitioner is quashed. N.K.BALAKRISHNAN, JUDGE. srd The words “JFCM Court-I, Neyyattinkara” occurring in the last sentence of the order dated 14.11.2011 in Crl.M.C.3688/2011 are corrected and substituted as “Additional Sessions Court, Fast Track-III, Thiruvananthapuram” as per order dated 11.1.2012 in Crl.M.A.133/2012 in Crl.M.C.3688/2011. Sd/- Registrar(Judicial). Crl.M.C.3688/11 3 Crl.M.C.3688/11 4