Kerala High Court
Saleem Kodathur vs The State Of Kerala on 27 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 27TH DAY OF JULY 2021 / 5TH SRAVANA, 1943
CRL.MC NO. 3119 OF 2021
CRIME NO.176/2011 OF Kasaba Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT IN CC 390/2019 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -IV,KOZHIKODE, KOZHIKODE
PETITIONER/S:
1 SALEEM KODATHUR
AGED 45 YEARS
S/O EANU, THAMBIDISSERI HOUSE, PERUMPADAPPU KARA,
PUTHENPALLI, PONNANI, MALAPPURAM.
2 SMITHA,
AGED 39 YEARS
W/O SAMUEL, CHERUVATHUR HOUSE, CHERALAYAM, MELANGADI
KUNNAMKULAM, THRISSUR
BY ADV RASHEEK AHAMED B.A.
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY THE STATION HOUSE OFFICER, KOZZHIKODE
KASABA POLICE STATION, KOZHIKODE DISTRICT, THROUGH THE
PUBLIC PROSECUTOR, HIGH COURT OF KERLA, ERNAKULAM-682
031.
2 SHAJAHAN K.P,
AGED 33 YEARS
S/O MOHAMED KOYA, PULIKKAL MEETHAL HOUSE, MANKAVU
P.O.KOZHIKODE DISTRICT, PIN-673 007.
SRI C.S.HRITHWIK SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
27.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.MC NO. 3119 OF 2021 2
ORDER
Dated this the 27th day of July, 2021
Petitioners are accused in Crime No.176/2011 of Kozhikode
Kasaba Police Station for having allegedly committed offences
punishable under Sections 463, 464, 468 and 471 r/w Section 34 of
IPC and under Section 51 r/w Section 68 of the Copyright Act. The
final report has already been filed. The co-accused were proceeded
against in CC No.229/2015 in the files of the Judicial First Class
Magistrate Court-IV,Kozhikode. Vide Annexure A4 judgment, they
were all found not guilty and acquitted.
2. The case against the petitioners was split up and refiled as
CC No.390/2019 and is pending trial. The petitioners state that they
were abroad and could not participate in the trial in the first occasion.
Reading of the judgment would indicate that there is absolutely no
evidence to find the accused guilty and therefore it is prayed that in
view of the acquittal of the co-accused the entire proceedings as
against the petitioners may be quashed under Section 482 of Cr.P.C.
3. Heard the learned counsel for the petitioners and the learned
Public Prosecutor.
4. The learned Public Prosecutor submits that no appeal has
been preferred challenging Annexure A4 judgment of the learned
Magistrate. Paragraph 12 of the judgment indicates that there is
absolutely no evidence against the persons arrayed as accused. In
view of that it would be sheer wastage of time to proceed with the
trial as against the petitioners as the substratum of the prosecution
has been lost.
Hence, the petition is allowed and the entire proceedings as
against the petitioners in Crime No.176/2011 of Kozhikode Kasaba
Police Station presently pending as CC No.390/2019 on the files of the
Judicial First Class Magistrate Court-IV,Kozhikode stands quashed
under Section 482 of Cr.P.C. and the accused are discharged and set
at liberty.
Sd/-
ASHOK MENON
JUDGE
rmm
APPENDIX OF CRL.MC 3119/2021
PETITIONER ANNEXURE
Annexure A1 CERTIFIED COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO 176/2011 OF THE
KOZHIKODE KASABA POLICE STATION
Annexure A2 CERTIFIED COPY OF THE PRIVET COMPLAINT
FILED BY THE 2ND RESPONDENT BEFORE THE
CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE
Annexure A3 CERTIFIED COPY OF THE CHARGE SHEET IN CRIME
NO 176/2011 FILED BEFORE THE CHIEF JUDICIAL
MAGISTRATE COURT, KOZHIKODE
Annexure A4 TRUE COPY OF THE JUDGMENT DATED 19.11.2019
IN CC 229/2015 PRONOUNCED BY JUDICIAL FIRST
CLASS MAGISTRATE COURT-IV KOZHIKODE
RESPONDENTS'S ANNEXURE NIL
