Manningachalil Abdul Rasak vs The State Of Kerala
2021 Latest Caselaw 12585 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                  THE HONOURABLE MR. JUSTICE SUNIL THOMAS
           THURSDAY, THE 27TH DAY OF MAY 2021 / 6TH JYAISHTA, 1943
                             CRL.MC NO. 759 OF 2021
    AGAINST THE ORDER/JUDGEMENT IN CRA 111/2018 OF ADDITIONAL DISTRICT
                         COURT, MANJERI, MALAPPURAM
PETITIONER/ACCUSED (ORIGINAL ACCUSED NO.1):

               MANNINGACHALIL ABDUL RASAK
0




               AGED 52 YEARS
               S/O AHAMMED, KAKKATTUKUNDIL HOUSE, PULPETTA AMSOM,
               OLAMATHIL P O,
               MALAPPURAM DISTRICT.

               BY ADV K.RAKESH



RESPONDENTS/STATE & COMPLAINANT:

       1       THE STATE OF KERALA
               REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
               KERALA,
               ERNAKULAM, KOCHI, PIN-682031.

       2       THE STATION HOUSE OFFICER
               MANJERI POLICE STATION,
               MALAPPURAM DISTRICT, PIN-676121.


OTHER PRESENT:

               PP MAYA M.N



THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27.05.2021,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 759 OF 2021
                                    2

                                 ORDER

Dated this the 27th day of May 2021

The petitioner herein is the original first accused in Crime

No.928 of 2013 of Manjeri Police Station for offences

punishable under Sections 341, 323 read with Section 34 IPC.

It was alleged by the prosecution that on 10.09.2013 at or

about 8.30 pm, due to previous enmity the petitioner along

with accused Nos. 2 to 4 wrongfully restrained the de facto

complainant and attacked him with stick and also with hands.

He sustained injuries and was taken to the hospital and F.I.

statement was laid. After investigation, final report was laid

as C.C. No.293/2018. All the accused were acquitted after

trial. It is seen that L.P. No.69 of 2020 is now pending in

relation to the petitioner herein.

2. According to the petitioner, he is ready and willing

to appear before the court below, to submit himself to the

jurisdiction and to participate in all future proceedings

without any defaults. This is recorded. The matter is now CRL.MC NO. 759 OF 2021

pending as L.P. No. 69 of 2020. It seems that the remaining

accused faced the trial and they were convicted by the court

below. The conviction was set aside by the Appellate Court

and all of them were acquitted. The judgment produced by

the petitioner, especially seen in paragraph 13, indicates that

there was absolutely no material to convict any one of the

accused. This benefit should be extended to petitioner herein

also.

3. However, since the petitioner remained absent and

the case had been included in the L.P. register from 2020

onwards, I am inclined to quash the proceedings subject to

imposition of a minor cost on the petitioner for causing delay.

In the result Crl.M.C. will stand allowed and all further

proceedings in L.P. No. 69 of 2020 of the Jurisdictional First

Class Magistrate Court - I, Manjeri, now pending as C.C. No.

160 of 2021 after surrender of the petitioner herein before

the court below will stand quashed on condition that the

petitioner shall deposit a sum of Rs.1,500/- (Rupees One CRL.MC NO. 759 OF 2021

thousand five hundred only) as cost before the Jurisdictional

First Class Magistrate Court - I, Manjeri, within three weeks

from the date of receipt of copy of this judgment.

Sd/-

SUNIL THOMAS, JUDGE

SKP/28-5 CRL.MC NO. 759 OF 2021

APPENDIX OF CRL.MC 759/2021

PETITIONER'S EXHIBITS:

ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 928/2013 OF MANJERI POLICE STATION.

ANNEXURE B CERTIFIED COPY OF THE JUDGMENT DATED 1/7/2020 IN CRL A .NO. 111/2018 OF THE COURT OS SESSION, MANJERI.

RESPONDENTS EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE