IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 774 of 2010()
1. HARIKUMAR, S/O THANKAPPAN NAIR,
... Petitioner
Vs
1. THANKACHAN, AGED 55 YEARS,
... Respondent
2. SURESH, AGED 35 YEARS,
3. VIJAYAN NAIR, AGED 45 YEARS,
4. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.M.T.SURESHKUMAR
For Respondent :SRI.M.REVIKRISHNAN
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :29/03/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.774 OF 2010
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Dated 29th March 2010
O R D E R
Petitioner was the accused No.8 in
C.C.280/1992 on the file of Judicial First
Class Magistrate-I, Pathanamthitta. As he
was absconding, case as against him was
split up and re-filed as C.C.728/1995 and
the remaining eight accused were tried by
the learned Magistrate. As per
Annexure-A3 judgment dated 24/11/1995,
after examination of the de facto
complainant, the two injured who turned
hostile, remaining witnesses were not
examined and all those accused were
acquitted. Case as against the petitioner
is now pending as L.P.30/1997. Petition is
filed under Section 482 of Code of Criminal
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Procedure to quash the case as against the
petitioner contending that in view of the order
of acquittal against the other alleged members
of the unlawful assembly and settlement of the
disputes with respondents 1 to 3, it is not in
the interest of justice to continue the
prosecution. It is submitted that as evidenced
by Annexure-A4 death certificate, the other
injured Yasodharan, S/o.Chathan died in 1995
and hence, even if petitioner is to be tried
there is no likelihood of a successful
prosecution.
2. Respondents 1 to 3 appeared through
a counsel and filed separate affidavits stating
that entire disputes were settled and they are
now living as friends with the petitioner and
in such circumstances, case is to be quashed.
3. Learned counsel appearing for the
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petitioner, respondents 1 to 3 and learned
Public Prosecutor were heard.
4. Annexure-A2 final report and
Annexure-A3 judgment in C.C.280/1992 show that
prosecution case is that nine accused belong to
RSS and de facto complainant, the injured is
member of INTUC and out of political animosity,
accused formed themselves into an unlawful
assembly with the common object of causing hurt
to respondents 1 to 3 and deceased Yasodharan,
on 23/6/1992 at about 5.30 p.m armed with
deadly weapons, like iron pipes, sticks and
swords, in furtherance of the common object
caused hurt to respondents 1 to 3 and
Yasodharan by inflicting injuries with sticks
and swords after committing riot and thereby
committed offences under Sections 143, 147, 148
and 324 read with Section 149 of Indian Penal
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Code. Annexure-A3 judgment shows that
consequent to the hostility shown by the de
facto complainant and the injured, other
prosecution witnesses were not examined and
learned Magistrate has acquitted eight of the
alleged members of unlawful assembly. The only
case against the petitioner, the then
absconding accused, in the light of
Annexure-A3 judgment, as there is no specific
case of any over act as against the petitioner,
there is no likelihood of a conviction, even if
petitioner is to be tried. More over,
affidavits filed by the respondents 1 to 3
establish that they have settled entire
disputes with the petitioner and consequently,
even if they are to be examined they will not
give any evidence against the petitioner. The
remaining injured is no more as is clear from
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Annexure-A4 death certificates. In such
circumstances, even if petitioner is to be
tried, it would only result in unnecessary
waste of valuable time of the court. Hence, it
is not in the interest of justice to continue
the prosecution.
Petition is allowed. L.P.30/1997 on
the file of Judicial First Class Magistrate-I,
Pathanamthitta is quashed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.