Haris vs State Of Kerala
2021 Latest Caselaw 18156 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                  THE HONOURABLE MR. JUSTICE K.HARIPAL
     FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
                           CRL.MC NO. 2383 OF 2021
    (TO QUASH ANNEXURE-A1 FINAL REPORT IN CRIME NO.524/2002 OF
 PAYYANNUR POLICE STATION, KANNUR DISTRICT PENDING BEFORE JUDICIAL
            FIRST CLASS MAGISTRATE, PAYYANNUR AS LP 21/2008)
AGAINST THE ORDER/JUDGMENT IN LP 21/2008 OF JUDICIAL MAGISTRATE OF
                        FIRST CLASS ,PAYYANNUR, KANNUR
PETITIONER/ACCUSED:

             HARIS
             AGED 40 YEARS
             S/O. ABDUL RAZAK, NALUPURAPPATTIL, MULLAKKATTI (H),
             RAMANTHALI AMSOM, ETTIKULAM, PAYYANNUR TALUK, KANNUR
             DISTRICT.

             BY ADV B.MUHAMMED SHAHEEL



RESPONDENT/STATE:

             STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM, COCHIN-682 031


OTHER PRESENT:

             SR.PP - SRI. HRITHWIK C.S.




     THIS    CRIMINAL    MISC.   CASE   HAVING   COME   UP   FOR   ADMISSION   ON
03.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.M.C.No. 2383 of 2021
                                    2




                                 ORDER

This is a petition filed under Section 482 of the

Cr.P.C., seeking to quash Annexure A1 final report against

the petitioner in Crime No. 524 of 2002 of Payyannur Police

Station, now pending before the Judicial First Class

Magistrate Court, Payyannur as L.P. 21 of 2008.

2. I heard the learned counsel for the petitioner as well

as the learned Senior Public Prosecutor.

3. Petitioner is the 1st accused in Crime No. 524 of 2002

of Payyannur Police Station. On completion of investigation

charge sheet has been laid before the Judicial First Class

Magistrate, Payyannur, alleging offence punishable under

Sections 143, 147, 148, 323, 341, 427 read with Section 149

of the IPC. There are five accused in the final report. The

crime was registered on the basis of the First Information

Statement given by one Madhusoodhanan, driver of bus

bearing Registration No. KRN.399. It is alleged that while Crl.M.C.No. 2383 of 2021

the said Madhusoodhanan was driving the bus, accused

persons formed an unlawful assembly and in prosecution of

their common object intercepted the bus, assaulted and

injured him and also caused damage to the bus.

4. Annexure A2, copy of the judgment in C.C. No. 150

of 2003 of the Judicial First Class Magistrate Court,

Payyannur indicates that accused Nos. 2, 3 and 4 had faced

trial and were acquitted by the learned Magistrate. In the

said proceedings informant Madhusoodhanan was examined

as PW4; other occurrence witnesses were also examined.

Even though he had prooved the First Information Statement

marked as Exhibit P1, he turned hostile to the prosecution

and stated that he cannot identify any of the assailants. He

also stated that the matter has been settled out of Court. The

learned Magistrate has further noted that eye witnesses

could not identify the assailants. Thus accused Nos. 2, 3 and

4 were found not guilty and acquitted and the case against

accused Nos. 1 and 5 who remained absconding was refiled Crl.M.C.No. 2383 of 2021

as C.C. No. 577 of 2005. The Magistrate had also observed

that the case against A1 and A5, who did not face trial is

wholly false. Thus the Magistrate ordered to seek permission

for omitting the case from the register and returns, as

provided under Rule 16 of the Criminal Rules of Practice.

However Annexure A3 judgment indicates that the 5 th

accused had faced trial. There also the said Madhusoodhanan

was examined as PW1; then also he could not identify the

assailants and was declared hostile to the prosecution. The

learned Magistrate who passed the Annexure A3 judgment

also has observed that the matter is settled between the

parties.

5. The remaining accused who did not face trial is the

petitioner, the 1St accused, against whom case stands refiled

as LP 21 of 2008. Now warrant is pending against him.

6. From Annexure A2 and A3 judgments it is eminently

clear that both the Magistrates who tried the case found that

the case is settled between the parties. The informant and Crl.M.C.No. 2383 of 2021

injured who gave evidence in both the cases has stated before

Court that he cannot identify the assailants and that the

matter is settled. In the circumstances, even if the petitioner,

1st accused is directed to face trial, that would be a futile

exercise. Therefore all proceedings taken against the

petitioner pursuant to crime No. 524 of 2002 of Payyannur

Police Station are liable to be quashed.

Criminal Miscellaneous Case is allowed as above.

Sd/-

K.HARIPAL JUDGE RMV/01/09/2021 Crl.M.C.No. 2383 of 2021

APPENDIX OF CRL.MC 2383/2021

PETITIONER ANNEXURE

ANNEXURE A1 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 524/2002 OF PAYYANNUR POLICE STATION PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE, PAYYANNUR AS LP 21/2008

ANNEXURE A2 THE CERTIFIED COPY OF THE JUDGMENT DATED 14.07.2005 OF JUDICIAL FIRST CLASS MAGISTRATE, PAYYANNUR IN CC 150/2003

ANNEXURE A3 THE CERTIFIED COPY OF THE JUDGEMENT DATED 14.11.2016 OF JUDICIAL FIRST CLASS MAGISTRATE, PAYYANNUR IN CC 541/2013.