Shefeek vs State Of Kerala

Kerala High Court

Shefeek vs State Of Kerala on 21 May, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                    CRL.MC NO. 1521 OF 2024
   CRIME NO.1007/2011 OF PATHANAPURAM POLICE STATION, KOLLAM
     IN CC NO.173 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST
              CLASS -II(FOREST OFFENCES),PUNALUR


PETITIONERS/ACCUSED NOS. 3, 4 & 8:

    1     SHEFEEK
          AGED 35 YEARS
          S/O THAJUDEEN,
          SHANAVAS MANZIL, MANJALOOR MURI,
          PATHANAPURAM, KOLLAM DISTRICT, PIN - 689695

    2     AMEER
          AGED 31 YEARS
          S/O ABDUL MAJEED,
          AMEER MANZIL, MANJALOOR MURI,
          PATHANAPURAM, KOLLAM DISTRICT, PIN - 689695

    3     SIJI
          AGED 41 YEARS
          S/O SHEELA S,
          KOKKOTTU VEEDU, MANJALOOR MURI,
          PATHANAPURAM, KOLLAM DISTRICT, PIN - 689695

          BY ADVS.
          M.T.SURESHKUMAR
          MANJUSHA K
          SREELAKSHMI SABU
 Crl.M.C.No.1521 of 2024

                                 -:2:-




RESPONDENT/COMPLAINANT:

             STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, PIN - 682031

             BY ADV.
             ASHI.M.C
             PUBLIC PROSECUTOR
       THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.1521 of 2024

                                       -:3:-




                       BECHU KURIAN THOMAS, J.
                      ---------------------------------------
                         Crl.M.C. No.1521 of 2024
                      ---------------------------------------
                     Dated this the 21st day of May, 2024


                                    ORDER

Petitioners were accused Nos. 3, 4 and 8 in C.C.No.499/2013 on the files of the Judicial First Class Magistrate Court-II (Forest Offences), Punalur. As many as eleven persons were arrayed as accused in Crime No.1007/2011 of Pathanapuram Police Station. However, during trial, petitioners had absconded, and therefore, the case against them was split up and the remaining accused were tried. By judgment dated 05.04.2023, all accused except the petitioners were acquitted. Petitioners are now being prosecuted in C.C.No.173/2023 before the same court. Through this petition under Section 482 of Cr.P.C, they seek the benefit of acquittal of the co-accused in C.C.No.499/2013.

2. According to the prosecution, on 20.09.2011, eleven accused, who were SFI workers had, in prosecution of their common object, formed themselves into an unlawful assembly and restrained a KSRTC bus going to Pathanamthitta, and broke the front right side headlight of the bus using a stick, causing a loss of Rs.1,000/- and also prevented CW1 from discharging his duty and thereby committed the offences alleged. Crl.M.C.No.1521 of 2024 -:4:-

3. I have heard Sri. M.T.Suresh Kumar, the learned counsel for the petitioners and Sri. Ashi.M.C, the learned Public Prosecutor.

4. On a perusal of the judgment of acquittal of all the accused other than the petitioners, it is noticed that the learned Magistrate had observed that the scene mahazar in the case was prepared six hours prior to the incident and also that the driver and the conductor of the bus had not specifically stated the names of any of the accused nor were they able to identify the accused who were on trial. It was also noticed that no broken glass pieces of the headlight of the bus were recovered during investigation. Even the Inspector of the KSRTC Depot who had received the bus had not stated anything about the condition of the vehicle when it was received by him.

5. Considering the nature of allegations, the above findings are crucial. In an incident in which the scene mahazar was prepared six hours prior to the incident, as observed by the learned Magistrate, I am convinced that the very substratum of the prosecution case has been destroyed and no purpose would be achieved by continuing the prosecution. Even in the trial against the petitioners, the finding regarding the scene mahazar will stare at the face of the prosecution. Therefore, this is a fit case where the prosecution against the petitioners can be quashed on the basis of the acquittal of the co-accused. Crl.M.C.No.1521 of 2024 -:5:-

6. Accordingly, the proceedings against the petitioner in C.C.No.173/203 on the files of the Judicial First Class Magistrate Court-II (Forest Offences), Punalur, arising out of Crime No.1007/2011 of Pathanapuram Police Station, is hereby quashed.

Criminal miscellaneous case is allowed as above.

Sd/-

BECHU KURIAN THOMAS JUDGE Jka/21.05.24 Crl.M.C.No.1521 of 2024 -:6:- APPENDIX OF CRL.MC 1521/2024 PETITIONER'S ANNEXURES Annexure A1 TRUE COPY OF THE JUDGMENT DATED 25-4-2023 IN CC NO. 499 OF 2013 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II (FOREST OFFENCES) PUNALUR Annexure A2 TRUE COPY OF FIR IN CRIME NO. 1007 OF 2011 OF PATHANAPURAM POLICE STATION DATED 20-9- 2011 Annexure A3 TRUE COPY OF THE FINAL REPORT IN CC NO.

811 OF 2011 BEFORE THE JUDICIAL FIRST-

CLASS MAGISTRATE COURT -III, PUNALUR DATED 6-11-2011 Annexure A4 TRUE COPY OF THE DEPOSITION GIVEN BY PW1 Annexure A5 TRUE COPY OF THE DEPOSITION GIVEN BY PW2 Annexure A6 TRUE COPY OF THE DEPOSITION GIVEN BY PW3 Annexure A7 TRUE COPY OF THE DEPOSITION GIVEN BY PW4 Annexure A8 TRUE COPY OF THE DEPOSITION GIVEN BY PW7 Annexure A9 TRUE COPY OF THE DEPOSITION GIVEN BY PW5 Annexure A10 TRUE COPY OF THE SCENE MAHAZER Annexure A11 TRUE COPY OF THE DEPOSITION GIVEN BY PW6