Amith vs The State Of Kerala
2021 Latest Caselaw 1853 Ker

  Crl.MC.30/21                        1

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                    THE HONOURABLE MR.JUSTICE V.G.ARUN

    MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942

                         Crl.MC.No.30 OF 2021(C)

AGAINST THE ORDER/JUDGMENT IN SC 368/2019 OF ADDITIONAL DISTRICT
            COURT & SESSIONS COURT - III, KASARAGOD

      CRIME NO.49/2013 OF Kumbla Police Station , Kasargod


PETITIONER/S:

                 AMITH
                 AGED 26 YEARS
                 S/O. VIDYADHARAN, RESIDING AT PADUPPU HOUSE,
                 KUNJATHUR, MANJESHWAR, KASARAGOD DISTRICT.

                 BY ADVS.
                 SRI.T.MADHU
                 SMT.C.R.SARADAMANI
                 SRI.SHAHID AZEEZ

RESPONDENT/S:

       1         THE STATE OF KERALA
                 REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
                 KERALA, ERNAKULAM-682 031.

       2         THE STATION HOUSE OFFICER
                 KUMBLA POLICE STATION, KASARAGOD DISTRICT-671 321.


OTHER PRESENT:

                 PP T.R.RENJITH

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
   Crl.MC.30/21                           2




                                  V.G.ARUN, J.
                   -----------------------------------------------
                           CRL.M.C.No. 30 of 2020
                   -----------------------------------------------
                 Dated this the 18th day of January, 2021

                                   ORDER

Petitioner is the 9th accused in Crime No.49 of 2013 of the Kumbla

Police Station, registered for offences under Sections 143, 147, 148,

332, 333, 353, 308 read with 149 of IPC. The crime was registered on

the allegation that, at about 1.10 a.m on 18.1.2013, accused Nos.1 to

21 along with 50 other identifiable persons formed into an unlawful

assembly, while the 'Ganamela' in connection with the festival at

Kumbla Gopalakrishna Temple was going on and pelted stones at the

Police, when one among the accused was taken into custody for unruly

behaviour. Some of the Police officers (CW1 to CW4) sustained simple

and grievous injuries in the attack.

2. After filing of final report committal proceedings was initiated

as C.P.No.104 of 2013 on the files of the Judicial First Class Magistrate,

Kasaragod. During the committal stage, all the accused, except

accused Nos.3 and 18, appeared. The case was committed to the

Sessions Court, Kasaragod and made over to the Additional Sessions

Court-III, Kasaragod as S.C.No.562 of 2015. Of the 19 accused in

S.C.No.562 of 2015, all, except accused Nos.2, 3, 5 and 7, appeared

and faced trial. Petitioner was accused No.7 in the said case. Even

though petitioner and the 5th accused appeared before court during

trial, the case against the other accused having progressed

substantially, case against accused Nos.5 and petitioner was re-filed as

S.C.No.368 of 2019. Thereafter, by Annexure A3 judgment, the

accused in S.C.No.562 of 2015 were acquitted. This Crl.M.C is filed

seeking to quash the proceedings against the petitioner in S.C.No.368

of 2019, in view of acquittal of the other accused vide Annexure A3

judgment.

3. Learned counsel for the petitioner submitted that, on a

reading of Annexure A3 judgment it would be evident that, no purpose,

other than wastage of valuable judicial time, will be achieved by

compelling the petitioner to face trial.

4. I heard the learned Public Prosecutor also.

5. A perusal of Annexure A3 judgment shows that none of the

prosecution witnesses were able to identify the accused as the persons

who pelted stones at the Police party. The trial court had disbelieved

the entries made in the duty note book at 23.30 hrs on 17.1.2013. The

court also found that, by the mere fact of accused Nos.1 to 21 having

been arrested from the place of incident, they cannot be presumed to

be the persons who had pelted stones to the Police, especially when

large number of persons were present at the temple premises. From

the findings in Annexure A3 it is evident that the prosecution had

miserably failed in proving its case. Even the injured witnesses failed

to identify the accused. As such, the substratum of the prosecution

evidence case was dislodged. That being the case, I find substantial

merit in the contention of the learned counsel for the petitioner that,

continuation of the proceedings against the petitioner will not only be

an empty formality but would also amount to an abuse of process of

court.

In the result, the Crl.M.C is allowed. The proceedings in

S.C.No.368 of 2019 on the files of the Additional Sessions Court-III,

Kasaragod as against the petitioner is quashed.

Sd/-

V.G.ARUN, JUDGE

vgs

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 THE TRUE CERTIFIED COPY OF THE FIR DATED 18.1.2013 IN CRIME NO.49/2013 OF KUMBLA POLICE STATION.

ANNEXURE A2 THE TRUE CERTIFIED COPY OF THE FINAL REPORT DATED 22.6.2013 IN CRIME NO.49/2013 OF KUMBLA POLICE STATION.

ANNEXURE A3 THE TRUE COPY OF THE JUDGMENT DATED 11.3.2020 IN S.C.NO.562/2015 ON THE FILES OF THE LEARNED ADDITIONAL SESSION'S COURT- II, KASARAGOD.