SHAJI Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) THE petitioner is the 11th accused in Crime No. 210/1999 of Kunnamkulam Police Station, registered for offences punishable under Secs.143, 147, 148, 341, 452, 427, 397, 506(2), 294(b), 120(b) read with 149 of the I.P.C. The Police, after investigation submitted the impugned Anx.2 final report/charge sheet in the above said crime. The case was committed and thereafter was instituted as Sessions Case, S.C. No. 154/2002 on the file of the 1st Additional Assistant Sessions Judge, Thrissur. The petitioner did not participate in the trial as he was abroad and the case against him was split up. 18 other accused in the said case faced trial, which led to Anx.3 judgment dated 18.8.2008 in S.C. No. 154/2002 of the 1st Additional Assistant Sessions Judge, Thrissur, which resulted in the acquittal of all the said accused. The accused No. 5 in the original crime thereafter approached this Court by filing Crl.M.C. No. 3097/2013, in which, this Court, by Anx.5 order rendered on 25.7.2013, quashed the impugned criminal proceedings pending against the said petitioner arising out of S.C. No. 154/2002 on the ground that substratum of the prosecution case has been shattered by the acquittal of the above said other co -accused as per Anx.3 judgment. It is pointed out that the case against the petitioner has subsequently been re -numbered as S.C. No. 54/2014 on the file of the Additional Assistant Sessions Judge, Thrissur. It is in the light of Anx.3 judgment of the court below and Anx.5 order of this Court that the petitioner has sought the prayer for quashment of the impugned criminal proceedings by filing the instant Crl.M.C.

(2.) AFTER hearing the parties concerned and on a perusal of Anx.3 judgment of the court below and Anx.5 order, this Court is of the considered opinion that the prayer for quashment of the impugned criminal proceedings could be considered.

(3.) IN the result, this Court is of the considered opinion that the substratum of the prosecution case is demolished by the acquittal of the co -accused in this case. This Court in the cases as in Moosa v. Sub Inspector of Police reported in : 2006 (1) KLT 552, Ashraf Kancheriyil v. State of Kerala reported in : 2011(2) KHC 8123, and Abbas v. State of Kerala : 2013 (2) KLT 976, has held that if the substratum of the prosecution is demolished by the acquittal of the co -accused, this Court could exercise the powers under Sec. 482 of the Cr.P.C. to consider the prayer of quashment of the impugned criminal proceedings against the other accused. Taking into consideration this aspect of the matter, this Court is of the considered opinion that the prayer for quashment could be considered. Accordingly, it is ordered in the interest of justice that the impugned Anx.A -2 final report/charge sheet filed in Crime No. 210/1999 of Kunnamkulam Police Station, which has led to the pendency of S.C. No. 54/2014 on the file of the Additional Assistant Sessions Court, Thrissur and all further proceedings arising therefrom pending against the petitioner stand quashed.