Sirajudheen vs The Sub Inspector Of Police
2021 Latest Caselaw 12618 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                  THE HONOURABLE MR. JUSTICE SUNIL THOMAS
            FRIDAY, THE 28TH DAY OF MAY 2021 / 7TH JYAISHTA, 1943
                          CRL.MC NO. 2404 OF 2021
    AGAINST THE ORDER/JUDGEMENT IN LPC 32/2019 OF JUDICIAL MAGISTRATE OF
                      FIRST CLASS ,KASARAGOD, KASARGOD
PETITIONER/7th ACCUSED:

               SIRAJUDHEEN
0




               AGED 38 YEARS
               S/O.MUHAMMED USMAN, ATHARVALA MANZIL, FIRDOUS NAGAR,
               MANNAMKUZHI, MANGALPADY GRAMAM, KASARAGOD-671 322.

               BY ADV ANN SUSAN GEORGE



RESPONDENTS/COMPLAINANT AND STATE:

        1      THE SUB INSPECTOR OF POLICE
               KASARAGOD POLICE STATION, KASARAGOD-671 121.

        2      THE STATE OF KERALA,
               REPRESENTED BY THE PUBLIC PROSECUTOR,

               HIGH COURT OF KERALA, ERNAKULAM-682 031.



               PUBLIC PROSECUTOR E.C BINEESH



THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.05.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                       2
CRL.MC NO. 2404 OF 2021


                                      ORDER

The petitioner herein stand arrayed as the 7th

accused in Crime No.278/2008 of the Kasaragod Police

Station for offences punishable under Sections 143,

147, 148, 341, 323, 120B, 153A 302 read with Section

149 of the IPC.

2. The allegation of the prosecution is that, the

petitioner along with remaining accused committed

murder of the victim. Crime was registered and after

investigation final report was laid. All the accused

except the petitioner herein faced the trial in

S.C.No.380/2017 on the files of Additional Sessions

Judge II, Kasaragod. By Annexure II judgment all the

accused were acquitted on the ground that none of the

witnesses supported the prosecution case.

3. The case against the petitioner was split up

and is now pending as L.P.C.No.32/2019 of Judicial

CRL.MC NO. 2404 OF 2021

First Class Magistrate Court -I, Kasaragod. According

to the petitioner, he was abroad and hence could not

participate in the proceedings inspite of his earnest

attempt. He seeks the benefit of the acquittal of the

co-accused, contenting that in the light of Annexure II

Judgment, the substratum of the case is shattered and

consequently, no purpose would be served by continuing

with the prosecution in L.P.C.No.32/2019.

4. The learned Public Prosecutor on instruction

submitted that there is nothing to show that any appeal

was preferred against the judgment of the trial court.

5. Having considered this fact and also the

version given by the witnesses that they could not

identify the assailants. No purpose will be served by

directing the accused to face the trial except causing

delay in continuing the proceedings.

Having considered these facts,I am inclined to

quash the entire criminal proceedings as against the

CRL.MC NO. 2404 OF 2021

petitioner in L.P.C No.32/2019 of Judicial First Class

Magistrate Court -I, Kasaragod arising from Crime

No.278/2008 on condition that the petitioner deposits a

sum of Rs.3,000/- (Rupees three thousand only) before

the Jurisdictional First Class Magistrate Court-I,

Kasaragod, as costs for causing delay in the judicial

proceedings by keeping himself away from the judicial

proceedings.

Sd/-

SUNIL THOMAS JUDGE hmh

CRL.MC NO. 2404 OF 2021

APPENDIX OF CRL.MC 2404/2021

PETITIONERS EXHIBITS

ANNEXURE I THE CERTIFIED COPY OF THE FINAL REPORT DATED 04.05.2011 IN CP NO.208/2011 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT I, KASARAGOD, IN CRIME NO.278/2008 OF KASARAGOD POLICE STATION.

ANNEXURE II THE CERTIFIED COPY OF THE JUDGMENT DATED 24.06.2020 IN SC NO.380/2017 ON THE FILES OF THE ADDITIONAL SESSIONS JUDGE II, KASARAGOD.

RESPONDENTS EXHIBITS NIL