Case Note & Summary
The petitioner, Althaf Hussain Sareef, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking to quash the entire proceedings in S.C.No.6/2017 (arising out of C.C.No.65/2014) pending before the II Additional District and Sessions Judge, Dakshina Kannada, Mangaluru. The case originated from a complaint filed by the second respondent, Jaya @ Kutti, on 11.01.2009, leading to the registration of Crime No.6/2009 by Mulki Police Station against unknown miscreants for offences under Sections 307, 324, 504, 506 read with Section 34 of the Indian Penal Code, 1860 (IPC). The complainant alleged that he was a lorry driver and was attacked by unknown persons. During investigation, the petitioner was arraigned as an accused. However, after the charge sheet was filed, the complainant (PW.1) and the injured witnesses (PW.2 and PW.3) turned hostile and did not support the prosecution case. The sole eyewitness (PW.4) was not examined by the prosecution. The petitioner contended that continuing the proceedings would be an abuse of process of court as there was no prima facie evidence against him. The State opposed the petition, arguing that the matter should proceed to trial. The court, after hearing arguments, noted that the complainant and injured witnesses had turned hostile and the sole eyewitness was not examined. The court held that in the absence of any credible evidence, the proceedings against the petitioner could not be sustained and quashed the same to prevent abuse of process of court. The petition was allowed.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Section 482 CrPC - Abuse of Process - The court examined whether the proceedings against the petitioner constituted an abuse of process of court due to lack of evidence and non-examination of material witnesses. Held that where the complainant and injured witnesses turn hostile and the sole eyewitness is not examined, continuing proceedings would be an abuse of process. (Paras 1-10) B) Indian Penal Code - Attempt to Murder - Section 307 IPC - Prima Facie Case - The court considered whether a prima facie case under Section 307 IPC was made out against the petitioner. Held that in the absence of any credible evidence, including the non-examination of the sole eyewitness and the hostile nature of the complainant and injured witnesses, no prima facie case exists. (Paras 3-9) C) Indian Penal Code - Hurt and Criminal Intimidation - Sections 324, 504, 506 IPC - Evidence - The court assessed the allegations of voluntarily causing hurt and criminal intimidation. Held that with the complainant and injured witnesses turning hostile and the sole eyewitness not being examined, the prosecution cannot sustain the charges. (Paras 3-9)
Issue of Consideration
Whether the criminal proceedings in S.C.No.6/2017 (C.C.No.65/2014) against the petitioner should be quashed under Section 482 CrPC for want of prima facie evidence and due to non-examination of material witnesses?
Final Decision
The court allowed the criminal petition and quashed the entire proceedings in S.C.No.6/2017 (C.C.No.65/2014) against the petitioner pending before the II Addl. District and Sessions Judge, Dakshina Kannada, Mangaluru.
Law Points
- Quashing of criminal proceedings under Section 482 CrPC
- Prima facie case
- Hostile witness
- Non-examination of material witness
- Abuse of process of court
