Vijayan vs State Of Kerala

Dr Kauser Edappagath, J

This Crl.M.C has been filed to quash all further proceedings in S.T.No.2727 of 2022 on the files of the Judicial First Class Magistrate Court, Irinjalakuda (for short 'the court below') on the ground of acquittal of the remaining accused.

The petitioner was accused No.2 in S.T.No.4404 of 96 before the court below. Altogether there were 9 accused. The offences alleged against the petitioner are punishable under Sections 143, 147, 148, 447, 427 r/w Section 149 of IPC. Accused Nos.1, 4, 5, 6 & 9 faced trial. After fullfledged trial, the court below acquitted all of them as per Ann.2 judgment. Thereafter, the proceedings as against accused Nos.7 and 8 were quashed as per Ann.5 judgment by this Court and proceedings as against accused No.3 were quashed by this Court as per Ann.A6 judgment. Since the present petitioner did not appear in S.T.No.4404 of 96, the case as against him was split up and now renumbered as S.T.No.2727 of 2022. According to the petitioner, in view of the acquittal of the remaining accused, substratum of the prosecution case is dislodged. It is in these circumstances, he has filed this Crl.M.C invoking Section 482 of Cr.P.C.

I have heard Sri.K.G.Balasubramanian, the learned counsel for the petitioner and Smt.T.V.Neema, the learned Public Prosecutor.

To prove the prosecution case, PWs.1 to 4 were examined and Ext.P1 was marked. DWs.1 and 2 were examined on the side of the defence. PWs.3 and 4 were cited as eyewitnesses, but they did not support the prosecution case, rather they turned hostile. PWs.1 and 2, the wife and the husband respectively, however, spoke in terms of the prosecution case. But it was noticed by the learned Magistrate that there were material contradictions on several aspects in the testimony of those witnesses. In short, the learned Magistrate found that it was not safe to rely on the testimony of Pws.1 and 2 to prove the prosecution case.

Reading of Ann.4 judgment would show that the substratum of the prosecution case is dislodged. That apart, this Court under the exercise of the power vested under Section 482 of Cr.P.C already quashed further proceedings against the accused Nos.3, 7 and 8 based on the findings in Ann.2.

In these circumstances, I am of the view that no purpose will be served in proceeding further against the petitioner. Accordingly the entire proceedings as against the petitioner in S.T.No.2727 of 2022 on the files of the Judicial First Class Magistrate Court, Irinjalakuda is hereby quashed. This Crl.M.C is allowed.