UMESH Vs. STATE OF KERALA

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Crl.), 227 of 2017, Judgment Date: Feb 03, 2017

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                       CRIMINAL APPELLATE JURISDICTION


                       CRIMINAL APPEAL NO.227 OF 2017
        [ARISING FROM SPECIAL LEAVE PETITION (CRIMINAL) NO.1048/2017]
                     [ARISING FROM CRL.M.P. NO.732/2017]


UMESH                                                           APPELLANT(S)


                                VERSUS


STATE OF KERALA                                                RESPONDENT(S)

                                  WITH

                       CRIMINAL APPEAL NO.228 OF 2017
        [ARISING FROM SPECIAL LEAVE PETITION (CRIMINAL) NO.1049/2017]
                     [ARISING FROM CRL.M.P. NO.826/2017]


                               J U D G M E N T

KURIAN, J.

      Delay condoned.
2.    Leave granted.
3.    In the nature of order we propose to pass in these matters it  is  not
necessary to issue notice to the respondents.
4.    The appellant is aggrieved by the refusal on  the  part  of  the  High
Court in quashing the criminal proceedings now pending before  the  Judicial
Magistrate, First Class, Chavakkad in CC  Nos.289/1996  and  280/1996.   The
appellant is accused No.5 in both the cases.
5.    According to the appellant, since he  was  not  available  for  trial,
trial in his case was separated and the Trial  Court  proceeded  as  against
all the other accused.  In CC No.289/1996, the first accused  was  convicted
and  the  rest  of  the  accused  persons  were  acquitted  and  in  the  CC
No.280/1996  all  the  accused  persons  have  been  acquitted.   Therefore,
according to the learned counsel for the appellant, the continuance  of  the
proceedings before  the  Magistrate  Court,  as  far  as  the  appellant  is
concerned, is unnecessary harassment and wastage of time.
6.    We find it difficult  to  appreciate  the  contention.   Even  if  all
contentions taken by the appellant are taken on their face  value  also,  it
is for  the  Magistrate  concerned  to  consider  those  contentions  in  an
appropriate application filed under Section 239 of the Cr.P.C.
7.    In that view of the matter, we do not  propose  to  go  into  all  the
contentions taken by the appellant.  The appeals are hence  disposed  of  as
follows:
      The appellant shall surrender before the  Judicial  Magistrate,  First
Class, Chavakkad, where the criminal cases are pending,  within  four  weeks
from today.  On thus surrendering, on the appellant's furnishing a bond  for
a sum of Rs.50,000/- (Rupees Fifty Thousand), in each case, along  with  two
solvent sureties for the like amount, the appellant  shall  be  released  on
bail.  The appellant will be free to file  applications  under  Section  239
Cr.P.C.
8.    We direct the learned Magistrate to consider the applications, if  any
filed, having regard to the contentions taken by the appellant  and  dispose
of the same, in accordance with law.
9.    Pending application(s), if any, shall stand disposed of.

                                                   .......................J.
                                                             [KURIAN JOSEPH]


                                                   .......................J.
                                                           [A.M. KHANWILKAR]
      NEW DELHI;
      FEBRUARY 03, 2017.