Muhammed Rafi vs State Of Kerala
2021 Latest Caselaw 12141 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE K.HARIPAL

    TUESDAY, THE 20TH DAY OF APRIL 2021 / 30TH CHAITHRA, 1943

                      Crl.MC.No.1983 OF 2021(G)

 AGAINST THE ORDER/JUDGMENT IN LP 9/2003 IN CP NO.46/2001 OF THE
      JUDICIAL MAGISTRATE OF FIRST CLASS COURT-I, MANJERI

   IN CRIME NO.742/1998 OF MANJERI POLICE STATION , MALAPPURAM


PETITIONER / ACCUSED:

             MUHAMMED RAFI,
             AGED 41 YEARS,
             S/O. ALAVIKUTTY,
             PRAPOYIL, HOUSE,
             KUTTASSERI,
             ELANKOOR P.O.
             ERNADU TALUK,
             MALAPPURAM DISTRICT.

             BY ADVS.
             SRI.P.SAMSUDIN
             SRI.M.ANUROOP

RESPONDENT / COMPLAINANT:

             STATE OF KERALA,
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA,
             ERNAKULAM - 682 031
             (CRIME NO. 742/1998 OF MANJERI POLICE STATION).


OTHER PRESENT:

             SR.PP - SRI. K.B.UDAYAKUMAR

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.1983 OF 2021(G)

                                    2




                                 ORDER

Dated this the 20th day of April, 2021

This is a petition filed under Section 482 Cr.P.C, by the 9 th

accused in Crime No.742/1998 of Manjeri Police Station, which was

registered alleging offence punishable under Sections 143, 147, 148,

324, 427 r/w Section 149 IPC and also 3(i)(x) of Scheduled Caste and

Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. The learned Counsel for the petitioner submits that during

committal stage the petitioner had gone abroad and could not

participate the trial proceedings. When the matter came before the

Special Court and taken up as SC No.185/2002, the charge was

withdrawn and the accused were acquitted under Section 321 Cr.P.C.

The learned Counsel invited my pointed attention to Annexure A3

order of the Sessions Court, Manjeri in SC No.185/2002 dated

01.09.2006.

3. I heard the learned Counsel for the petitioner and also the

learned Senior Public Prosecutor. According to the learned Senior

Public Prosecutor, the case against the petitioner is pending as LP Crl.MC.No.1983 OF 2021(G)

No.9/2003 before Judicial First Class Magistrate Court - I, Manjeri. It

seems that, by way of the practice at vogue, at that time such cases

required committal to the Special Court.

4. Anyhow, it is certain that, had the petitioner been present

before the committal court, he would have been benefited by the order

of withdrawal. All the accused persons stand exonerated by the

Special Court. In the light of the fact that the matter stood withdrawn

from prosecution by virtue of Annexure A3, the order of the Special

Judge, there is no purpose in proceeding the matter further. Therefore,

all proceedings against the petitioner pursuant to Annexure A2 final

report shall stand quashed.

The Cr.M.C. is allowed as above.

Sd/-

K.HARIPAL JUDGE

NR/20/04/2021 Crl.MC.No.1983 OF 2021(G)

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO.

742/1998 OF MANJERI POLICE STATION.

ANNEXURE A2 CERTIFIED COPY OF THE FINAL IN CRIME NO. 742/1998 OF MANJERI POLICE STATION.

ANNEXURE A3 TRUE COPY OF THE ORDER DATED 01.09.2006 IN CRL.M.P. NO. 671/2006 IN SC NO.

185/2002 OF THE SESSIONS COURT MANJERI.

// TRUE COPY// PA TO JUDGE