Abdul Shafeek K.A vs State Of Kerala
2021 Latest Caselaw 3507 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

     MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942

                    Crl.MC.No.5538 OF 2020(B)

   AGAINST THE ORDER/JUDGMENT IN CC 253/2019 OF CHIEF JUDICIAL
                   MAGISTRATE COURT,KASARAGOD


PETITIONERS/ACCUSED NOS.1 TO 3:

      1      ABDUL SHAFEEK K.A.
             AGED 23 YEARS
             S/O.ABBAS K.A., SHAFEEK MANZIL, KAINOTH, MELPARAMBA,
             KALANADU VILLAGE, KASARAGOD

      2      RIYAS A.
             AGED 21 YEARS
             S/O.ABDULLA, SHAHID VILLA, APSARA QUARTERS,
             MELPARAMBA, KALANADU VILLAGE, KASARAGOD

      3      MOHAMMED ASIF N.
             AGED 21 YEARS
             S/O.NAZEER, PARAPPURAM HOUSE, MELPARAMBA, KALANADU
             VILLAGE, KASARAGOD

             BY ADVS.
             SRI.V.VINAY
             SRI.S.RAJEEV
             SRI.K.K.DHEERENDRAKRISHNAN
             SRI.K.ANAND (A-1921)

RESPONDENTS/INFORMANT:

      1      STATE OF KERALA
             REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
             ERNAKULAM 682 031, (CRIME NO. 884/2017 OF KASARGOD
             POLICE STATION, KASARGOD)

      2      SANTHOSH KUMAR C.V.
             AGED 43 YEARS
             S/O.KUNJIRAMAN, CONDUCTOR, KSRTC, KASARAGOD DEPOT,
             KASABA, KASARAGOD, 671 121


             PUBLIC PROSECUTOR.SRI.RAMESH CHAND

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD           ON
01.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.5538 OF 2020(B)             2




                                ORDER

Accused Nos.1 to 3 came up against the final

report, alleging offence under Sections 143,147,148

r/w 34 IPC & s.3(1) of the PDPP Act. It is in

connection with the damage caused to a KSRTC bus by

pelting stones on a political agitation. On the

next day itself accused Nos.1 to 3 were arrested.

The learned counsel for the petitioner submitted

that the offence under 143 series will not stand

unless there is involvement of atleast 5 or more

persons. But the final report was submitted only

with respect to three persons. When there is

involvement of unidentifiable persons it would

satisfy the requirement under Section 143 series,

when the number of person involved comes to 5 or

more. Anyway it is a matter to be agitated in the

Trial Court. The fact that the final report was

submitted against only three person by itself will

not show the non involvement of any other person.

It is quite permissible to submit another report on

revelation of the involvement of other person.

Since it is against the KSRTC bus causing damage

by pelting stones, there will be a direction to the

learned Magistrate to expedite the trial of the

case within a span of three months from today.

With that direction, the Crl.M.C. is hereby

dismissed.

Sd/-

P.SOMARAJAN

JUDGE

MSP

APPENDIX PETITIONER'S/S ANNEXURES:

ANNEXURE I A TRUE COPY OF THE FIR AND FIS IN CRIME NO.884/2017 OF KASARGOD POLICE STATION

ANNEXURE II THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.884/2017 OF KASARGOD POLICE STATION ALONG WITH MEMO OF EVIDENCE AND 161 STATEMENTS

RESPONDENTS ANNEXURES:NIL

//TRUE COPY//

P.A. TO JUDGE