Mohammed Iqbal vs State Of Kerala
2021 Latest Caselaw 22943 Ker

                            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                               PRESENT

                              THE HONOURABLE MR. JUSTICE K.HARIPAL

                  TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943

                                        CRL.MC NO. 5547 OF 2016

AGAINST THE ORDER/JUDGMENT IN CC 3215/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,THRISSUR,

                                              THRISSUR

PETITIONER/ACCUSED:

                 MOHAMMED IQBAL
                 AGED 47 YEARS, SON OF HAMZA K.M., RESIDING AT KAYAMKULAM HOUSE,
                 KRISHNAPURAM, OLLUKKARA-PO, THRISSUR DISTRICT- 680 655.


                 BY ADVS.
                 SRI.TPM.IBRAHIM KHAN (SR.)
                 SRI.K.M.ABDUL MAJEED
                 SMT.P.J.RAZIA BEEVI




RESPONDENTS/COMPLAINANT:

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


      2          THE SUB INSPECTOR OF POLICE
                 THRISSUR WEST POLICE STATION, THRISSUR-680 001


      3          ADDL.R3 MRS.KHADEEJA
                 W/O LATE AKBAR ALI, POOVAMPARAMBIL HOUSE, P.O.NELLIKUNNU-680005, NAVAJYOTI
                 NAGAR, KURA, THRISSUR-KERALA-INDIA.


      4          ADDL.R4 .SHA ALI
                 S/O LATE AKBAR ALI, POOVAMPARAMBIL HOUSE, P.O.NELLIKUNNU-680005, NAVAJYOTI
                 NAGAR, KURA, THRISSUR-KERALA-INDIA. (ADDL. R3 AND R4 IMPLEADED AS PER ORDER
                 DATED 15/10/2018 IN CRL.MA.01/2018)


                 BY ADVS.
                 SRI.K.B.PRADEEP
                 SHRI.SREERAJ M.D.
                 SHRI.HARISANKAR R
                 SRI.K.A.NIDHIN




OTHER PRESENT:

                 SR.PP - SRI. HRITHWIK C.S.



THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.11.2021, THE COURT ON THE SAME

DAY PASSED THE FOLLOWING:
 Crl.M.C.No. 5547 OF 2016
                                      2

                                    ORDER

Petitioner is the sole accused in CC No.3215/2016 pending

before the Judicial First Class Magistrate's Court-II, Thrissur which

arose on a compliant preferred by one Akbar Ali before the Chief

Judicial Magistrate.

2. In Annexure A-5 compliant, he said that he was the

witness in CC No.571/2009. According to him, when he went to

the court for deposing in that case, the accused ie Mohammed Iqbal,

the petitioner along with another had threatened and intimidated him,

they had reportedly told him that he would be done away with. That

complaint was forwarded to the police and thus Anneuxre A6 FIR

was registered alleging offence punishable under Sections 506(ii) read

with 34 of IPC. However, on conclusion of investigation, charge sheet

has been laid only against the petitioner alleging offence under

Section 506(ii) of IPC. Now the case is pending before the Judicial

First Class Magistrate Court-II, Thrissur as CC No.3215/2016. The

petitioner has moved this court contending that its a falsely foisted

case, it was intended only to prevent his going abroad that he was the

defacto complainant in Annexure A3 case which was pending against

the defacto complainant etc Crl.M.C.No. 5547 OF 2016

3. The other day on getting a report that CW1, the de facto

complainant is no more and also on the assumption that CWS 2 and 3

are only attestors in the scene mahazar, the Criminal Miscellaneous

Case was allowed quashing the proceedings. It was also observed that

by the death of CW1 the substratum of the case has been lost, and

there is no purpose in proceeding with the matter. But on further

scrutiny, it has come out that CW3, Ali Haji, S/o Moosa has been

cited in dual capacity in the charge sheet, he had signed the scene

mahazar and was also shown as the eye witness to the occurrence.

Therefore, it is only appropriate that he be summoned and examined

for the case.

4. Therefore, the order dated 19.11.2021 is recalled and the

matter is relegated to the learned Magistrate directing to dispose of

the case within a period of one month from the date of receipt of a

copy of this order.

The Criminal Miscellaneous Case is disposed of as above.

Sd/-

K. HARIPAL JUDGE RMV/23/11/2021 Crl.M.C.No. 5547 OF 2016

APPENDIX OF CRL.MC 5547/2016

PETITIONER ANNEXURE

ANNEXURE A1 A PHOTOSTAT COPY OF THE F.I.R. NO. 605 OF 2008 BEFORE THE JUDICIAL MAGISTRATE OF FIRST CLASS COURT-III, THRISSUR.

ANNEXURE A2 A PHOTOSTAT COPY OF THE STATEMENT DATED 30.08.2009 GIVEN BY THE PETITIONER IN BEFORE THE SUB INSPECTOR OF POLICE, MANNUTHI POLICE STATION.

ANNEXURE A3 A PHOTOSTAT COPY OF THE FINAL REPORT AND CHARGE SHEET IN C.C. NO. 571/2009 DATED 15.12.2008 ON THE FILE OF THE JUDICIAL MAGISTRATE OF FIRST CLASS COURT-III, THRISSUR FILED AGAINST ONE SHARAFUDEEN, SON OF SAYED MOHAMMED.

ANNEXURE A4 A PHOTOSTAT COPY OF THE JUDGMENT OF THE JUDICAL MAGISTRATE OF FIRST CLASS COURT-III, THRISSUR DATED 25.09.2014 IN C.C. NO. 571/2009.

ANNEXURE A5 A PHOTOSTAT COPY OF THE COMPLAINT DATED 18.12.2012 FILED BY THE SHRI AKBAR ALI BEFORE THE JUDICIAL MAGISTRATE OF FIRST CLASS COURT-III, THRISSUR.

ANNEXURE A6 A PHOTOSTAT COPY OF THE F.I.R. NO. 272/2013 FILED BEFORE THE JUDICIAL MAGISTRATE OF FIRST CLASS COURT-II, THRISSUR.

ANNEXURE A7 A PHOTOSTAT COPY OF THE FINAL REPORT DATED 18.12.2012 ON THE FILED OF THE JUDICIAL MAGISTRATE OF FIRST CLASS COURT-II, THRISSUR.