Kerala High Court
Abdul Shukoor A vs State Of Kerala on 30 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
TUESDAY, THE 30TH DAY OF APRIL 2024 / 10TH VAISAKHA, 1946
CRL.MC NO.2226 OF 2024
CRIME NO.364/2016 OF KARIPUR POLICE STATION, Malappuram
LP NO.24 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I,
MANJERI
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PETITIONER/ACCUSED No.3 :-
ABDUL SHUKOOR A, AGED 32 YEARS
S/O. ABDUL KAREEM, ALUNGAL HOUSE, KODOTTY POST,
MALAPPURAM DISTRICT, PIN - 673 638
BY ADV E.C.AHAMED FAZIL
RESPONDENT/STATE - COMPLAINANT :-
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031
2 THE STATION HOUSE OFFICER, KARIPPUR
KARIPPUR POLICE STATION, KARIPPUR POST,
MALAPPURAM DISTRICT, PIN - 673 638
OTHER PRESENT:
SRI. NOUSHAD. K. A - SR. PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO.2226 OF 2024
-: 2 :-
ORDER
Dated this the 30th day of April, 2024 The 3rd accused in Crime No.364/2016 of Karipur Police Station has filed this petition under Section 482 of the Code of Criminal Procedure for quashing Annexure A1 final report and C.C. No.1273/2020 pending before the Judicial First Class Magistrate Court-I, Manjeri in connection with the above case.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the respondents.
3. It is seen from Annexure A2 judgment of the Judicial First Class Magistrate-I, Manjeri that accused Nos.1, 2, 4, 5 and 6 who faced trial in respect of the same charge got an honorary acquittal due to the reason that prosecution could not establish the charge in the evidence adduced. It is observed in paragraph 4 of the said judgment that all the witnesses examined by the prosecution as PW1 to PW4 turned hostile, and for the said reason, the examination of the accused therein under Section 313 Cr.P.C. had to be dispensed with by the trial court.
4. It appears from the above facts and circumstances of the case that the continuance of the trial of C.C. No.1273/2020 as against the present petitioner/accused No.3 could not serve any CRL.MC NO.2226 OF 2024 -: 3 :- purpose. It is also necessary to avoid the wastage of precious judicial time and therefore, the proceedings as against the present petitioner has to be terminated.
In the result, the petition stands allowed. All proceedings as against the petitioner pursuant to Annexure A1 final report and the case presently pending before the Judicial First Class Magistrate Court-I, Manjeri as C.C. No.1273/2020 stand quashed.
Sd/-
G. GIRISH, JUDGE Jvt/30.4.2024 CRL.MC NO.2226 OF 2024 -: 4 :- APPENDIX OF CRL.MC 2226/2024 PETITIONER ANNEXURES :-
Annexure A1 CERTIFIED COPY OF THE FINAL REPORT DATED 06.01.2017 IN CRIME NO. 364 OF 2016 OF KARIPPUR POLICE STATION, MALAPPURAM DISTRICT ALONG WITH MEMORANDUM OF EVIDENCE DATED NIL Annexure A2 TRUE COPY OF THE JUDGMENT DATED 23.01.2020 IN CC NO. 85 OF 2017 PASSED BY JUDICIAL FIRST CLASS MAGISTRATE COURT-I, MANJERI