HARISHKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS are accused 3 and 8 in Crime No.261 of 2002 of Chavara Police Station and C.C.No.983 of 2002 of the Court of learned Judicial First Class Magistrate, Karunagapally. Case is that on 20.05.2002 at about 11.30p.m, 11 accused including petitioners trespassed into the godown of Primo Pipe Factory and committed theft of articles. The next day morning the police party found accused 1 and 2 (in Crime No.261 of 2002) near a Mini Lorry which was loaded with the stolen articles. Those accused are said to have been arrested from the spot and the articles seized. In the course of investigation the remaining accused were impleaded in the case. Some of the accused faced trial and they were acquitted by Annexure-A2, judgment holding that there is no evidence against those accused. Two of the accused came before this Court to quash proceeding against them and that request was allowed by Annexures-A4 and A5, orders. Now it is the turn of petitioners. They pray that in the light of Annexures- A4 and A5, proceeding against them may be quashed. I have heard learned Public Prosecutor also.

(2.) WHILE disposing of Crl.M.C.No.5104 of 2010 and 380 of 2011 this Court found that so far as the accused involved in those criminal miscellaneous cases are concerned there is absolutely no material to show that they are involved in the alleged incident. Petitioners (accused 3 and 8 in Crime No.261 of 2002) against whom case has been refiled as C.C.No.270 of 2007 (they are accused 1 and 3 in C.C.No.270 of 2007) stand in the same situation. The only evidence that prosecution was able to collect was that accused 1 and 2 in Crime No.261 of 2002 were arrested from or near the Mini Lorry which was found to be loaded the stolen articles. That evidence cannot affect petitioners. Hence I am inclined to allow the petition. Resultantly this criminal miscellaneous case is allowed. Annexure-A3, final report in Crime No.261 of 2002 of Chavara Police Station and proceeding against petitioners (accused 1 and 3) in C.C.No.270 of 2007 and L.P.No.147 of 2009 of the Court of learned Judicial First Class Magistrate, Karunagapally to the extent it concerned petitioners will stand quashed.