Kerala High Court
Adammon vs The State Of Kerala on 2 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942
Crl.MC.No.1095 OF 2021(F)
SC 775/2019 OF ADDITIONAL SESSIONS COURT - III, MANJERI
CRIME NO.17/2010 OF Vazhakkad Police Station , Malappuram
PETITIONER/S:
ADAMMON
AGED 32 YEARS
S/O. AZEEZ, VELLANHERY HOUSE, VAZHAKKAD P.O,
MALAPPURAM DISTRICT
BY ADV. SRI.BABU S. NAIR
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM, KOCHI PIN 682 031
2 THE STATION HOUSE OFFICER,
VAZHAKKAD POLICE STATION, MALAPPURAM DISTRICT
PIN 673 640
OTHER PRESENT:
SR.PP.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 02.03.2021, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.M.C. No.1095 of 2021
-2-
ORDER
Dated this the 02nd day of March, 2021
Petitioner was accused No.27 in Crime No.17
of 2010 of Vazhakkad Police Station, registered
for offences punishable under Sections 143, 147,
148, 353, 332, 307, 395 and 427 r/w 149 of IPC
and Section 3(1) of the PDPP Act. On committal,
the case was numbered as SC No.268 of 2012 of the
Additional Sessions Court-III, Manjeri. Pending
trial of that case, Government issued Annexure B
informing the District Collector that it had no
objection in withdrawing from the prosecution of
the case and directed to give necessary
instructions in that regard to the public
prosecutor concerned. Accordingly, the public
prosecutor filed Annexure C petition under
Section 321 of Cr.P.C, seeking withdrawal from
prosecution of the accused, stating that such
withdrawal would advance public order and peace
Crl.M.C. No.1095 of 2021
in the locality. Thereupon, Annexure D
judgment was rendered by the learned Sessions
Judge wherein it has been observed as follows;
"In view of the fact that the Government
has no objection in withdrawing the case
pending before the court against the accused
persons is accorded and the accused persons
are acquitted."
The petitioner not being present in Kerala during
the relevant period time, did not appear before
the Sessions Court. This resulted in the case
against him being split up and re-filed as SC
No.775 of 2019.
2. This Crl.M.C is filed seeking to quash
the criminal proceedings against the petitioner,
on the strength of the judgment of acquittal
rendered in the case of the other accused. A
perusal of Annexures D and C would show that the
Government and the Public Prosecutor had sought
withdrawal from the prosecution against all
accused. Moreover, as contended by the learned
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Counsel for the petitioner, the other accused
having been acquitted, the petitioner cannot be
proceeded against under Section 149 of IPC,
alleging him to be one among the members of the
unlawful assembly. In any case, the Government
and the prosecution not being desirous of
prosecuting the accused, including the petitioner
herein, no purpose will be served by continuing
the proceedings. Being so, further proceedings
in SC No.775 of 2019 of the Additional Sessions
Court-III, Manjeri will amount to an abuse of
process.
In the result, the Crl.M.C is allowed. The
proceedings in SC No.775 of 2019 of the
Additional Sessions Court-III, Manjeri is
quashed.
Sd/-
V.G.ARUN
JUDGE
Scl/02.03.2021
Crl.M.C. No.1095 of 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A TRUE COPY OF THE F.I.R IN CRIME NO.
17/2010 OF THE VAZHAKKAD POLICE
STATION DATED , 22-01-2010
ANNEXURE B TRUE COPY OF THE ORDER OF THE
SECRETARY TO THE HOME DEPARTMENT,
GOVERNMENT OF KERALA , DT 10-05-2013
ANNEXURE C CERTIFIED COPY OF THE APPLICATION
SUBMITTED BY THE PUBLIC PROSECUTOR AS
CRL.M.P NO. 1402/2013 IN S.C NO.
268/2012 DATED, 9-10-2013
ANNEXURE D CERTIFIED COPY OF THE JUDGMENT IN S.C
NO. 268/2012 DATED, 30-04-2014 OF THE
ADDITIONAL SESSIONS COURT III, MANJERI
