Muhammed Azad vs State Of Kerala

Kerala High Court

Muhammed Azad vs State Of Kerala on 23 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
     THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                      CRL.MC NO. 3071 OF 2024
     CRIME NO.293/2021 OF PATHANAPURAM POLICE STATION, KOLLAM
     AGAINST THE ORDER/JUDGMENT DATED IN CC NO.660 OF 2022 OF
       JUDICIAL MAGISTRATE OF FIRST CLASS -I, PATHANAPURAM
PETITIONER/3RD ACCUSED:

             MUHAMMED AZAD
             AGED 45 YEARS, S/O MEERA SAHIB, ANSAR MANZIL,
             KARIMBALOOR MURI, KARIMBALOOR P.O, PUNNALA
             VILLAGE, KOLLAM DISTRICT, PIN - 689696
             BY ADVS.
             K.SIJU
             S.ABHILASH
             ANJANA KANNATH

RESPONDENTS/STATE:

      1      STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
      2      THE STATION HOUSE OFFICER
             PATHANAPURAM POLICE STATION,
             KOLLAM DISTRICT, PIN - 689695
             BY ADV.
             SRI.ASHI M.C (PP)



       THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON    23.05.2024,   THE   COURT   ON   THE   SAME   DAY   PASSED   THE
FOLLOWING:
 Crl.M.C.No.3071 of 2024
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                      BECHU KURIAN THOMAS, J.
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                        Crl.M.C. No.3071 of 2024
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                   Dated this the 23rd day of May, 2024


                                   ORDER

The petitioner, was the 3rd accused in C.C.No.711/2021, which arose out of Crime No.293/2021 of Pathanapuram Police Station. The offence alleged against the petitioner and two other accused were under Sections 341, 294(b), 353 read with Section 34 of the Indian Penal Code (IPC). During the trial, petitioner had absconded and therefore it proceeded only against accused 1 and 2. By judgement dated 30.08.2022, accused 1 and 2 were acquitted. Petitioner seeks extension of the benefit of acquittal of the co-accused.

2. According to the prosecution, accused 1 to 3 had, in furtherance of their common intention, on 14.03.2021, blocked a KSRTC bus using their motor car and the 2nd accused after uttering obscene words took a stone and threw it towards CW2 who was the conductor of the bus. The accused is alleged to have together prevented the driver and the conductor from discharging their official duties and caused a loss of Rs.3,000/- to the KSRTC and thereby committed the offences under Sections 341, 294(b), 353 read with Section 341 of IPC.

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3. I have heard Sri.K.Siju - learned counsel for the petitioner as well as Sri.Ashi M.C. - learned Public Prosecutor.

4. In the judgement of acquittal of accused 1 and 2, the learned Magistrate, in the judgment dated 30.08.2022, observed that though the investigating officer identified the accused persons in the dock, PW1 and PW2 who were the victims in the case stated that they had not seen the accused at the place of occurrence at the relevant time. The learned Magistrate, after taking note of the absence of any independent or corroborating evidence, came to the conclusion that the identification by the investigating officer cannot be relied upon to connect the accused with the crime. It was further observed that there was a total lack of independent evidence to identify the accused, which affected the prosecution case.

5. Since PW1 and PW2 have taken the stand that they have not seen the accused persons which will include even the 3 rd accused, and taking note of the absence of any specific overact against the 3 rd accused even as per the prosecution case, I am of the view that the substratum of the prosecution case as against the petitioner has been destroyed as per Annexure A3 judgment. Therefore, no purpose would be achieved by continuing with the prosecution against the petitioner.

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6. Accordingly, the proceeding against the petitioner as the 3 rd accused in Crime No.293/2021 of Pathanapuram Police Station, now pending as C.C.No.660/2022 on the files of Judicial First Class Magistrate Court, Pathanapuram is hereby quashed.

This Crl.M.C. is therefore allowed.

Sd/-

BECHU KURIAN THOMAS JUDGE anm Crl.M.C.No.3071 of 2024 :5: APPENDIX OF CRL.MC 3071/2024 PETITIONER'S ANNEXURES Annexure A1 THE CERTIFIED COPY OF FIR IN CRIME NO.293/2021 OF PATHANAPURAM POLICE STATION, KOLLAM DISTRICT DATED 15.03.2021 Annexure A2 THE CERTIFIED COPY OF FINAL REPORT DATED 30.4.2021 SUBMITTED BY THE 2ND RESPONDENT BEFORE THE JFMC, PATHANAPURAM Annexure A3 THE CERTIFIED COPY OF JUDGMENT DATED 30.08.2022 IN CC NO. 711/2021 ON THE FILE OF JFMC, PATHANAPURAM Annexure A4 THE CERTIFIED COPY OF DEPOSITION OF PW 1 IN CC 711/2021 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PATHANAPURAM DATED 28.6.2022 Annexure A4(a) THE CERTIFIED COPY OF DEPOSITION OF PW 2 IN CC 711/2021 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PATHANAPURAM DATED 28.6.2022 Annexure A4(b) THE CERTIFIED COPY OF DEPOSITION OF PW 3 IN CC 711/2021 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PATHANAPURAM DATED 28.6.2022