Rafi vs State Of Kerala
2021 Latest Caselaw 18921 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          PRESENT
                       THE HONOURABLE MR. JUSTICE K.HARIPAL
              FRIDAY, THE 10TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943
                                CRL.MC NO. 5427 OF 2020
 (TO QUASH FIR NO.304/2014 AND FINAL REPORT OF VADAKKEKAD POLICE STATION, THRISSUR
  DISTRICT IN L.P.NO.50/2019 ON THE FILES OF THE JUDICIAL MAGISTRATE OF FIRST CLASS,
                                  KUNNAMANGALAM)


PETITIONER/11TH ACCUSED:


             RAFI
             AGED 29 YEARS
             S/O. MUHAMMEDUNNI, RESIDING AT MANAYIL HOUSE, VADAKKEKAD VILLAGE,
             PATTUKULAM ROAD, THRISSUR DISTRICT-691 508

             BY ADV R.RAJESH(PULLIKADA)



RESPONDENTS/STATE:


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

      2      THE SUB INSPECTOR OF POLICE
             VADAKKEKAD POLICE STATION, THRISSUR DISTRICT-679 562



             SR.PP - SRI. HRITHWIK C.S.




      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.09.2021, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.M.C.No.5427 of 2021
                                   2




                                ORDER

Petitioner is the 11th accused in Crime No. 304 of 2014

of Vadakkekad police station in Thrissur district, which was

registered on 07.03.2014 alleging offence punishable under

Section 399 of the IPC.

2. It is alleged that when the police party while

undertaking night patrol duty reached Vattempadam ICA

School ground, and found in torch light some persons sitting

around. When the police approached them, all of them

dispersed ran away from the place leaving the weapons

carried by them. Accused Nos. 3 , 4 and 5 were apprehended

by the police and all others ran away and they could not

apprehended by the police. The crime was registered against

11 persons alleging offence punishable under Section 399 of

the IPC. On conclusion of investigation charge sheet was

laid before the Judicial First Class Magistrate Court

Kunnamkulam, from where the case reached the Assistant

Sessions Court Chavakkad by way of committal. Annexure-3 Crl.M.C.No.5427 of 2021

is the judgment in S.C No. 751 of 2015 where accused

numbers 2, 3, 5, 6, 7, 8 and 9 faced trial. After full fledged

trial, the Court found them not guilty and were acquitted

under Section 235 of the Cr.P.C. 11th accused, the petitioner

was never arrested for the case. Now on the strength of the

Annexure-3 judgment, the proceedings against him are

sought to be quashed invoking jurisdiction under Section 482

of the Cr.P.C. It is submitted that his case is now pending as

L.P. No. 50 of 2019 before the Judicial First Class

Magistrate, Kunnamkulam.

3. I heard the learned counsel for the petitioner and also

the learned Senior Public Prosecutor.

4. Even though the allegations against the accused

persons are serious and offensive weapons like sword, chilly

powder, iron rod , iron pipe etc were found abandoned by the

persons who had disappeared from the scene seeing the

police, absolutely no evidence could be gathered to say that

the petitioner was among the gang. The learned counsel has

invited my pointed attention to paragraph 15 of the judgment Crl.M.C.No.5427 of 2021

where it is stated that no cogent evidence could be brought

in to prove the presence of the accused persons other than

those who were arrested on the spot. That means, offence

could not be proved even against accused Nos. 2 to 5 who

were arrested from the spot. The Court has stated that there

is no evidence against other accused also. This finding has

become final.

5. In the circumstances and having regard to the fact

that this is a crime of the year 2014, it would be very remote

that, even if the petitioner is made to face trial, offence

would be proved against him. That means, it will be idle to

ask him to face trial. In the circumstances further

proceedings against the petitioner are here by quashed.

Criminal Miscellaneous Case is allowed as above.

Sd/-

K.HARIPAL JUDGE RMV/10/09/2021 Crl.M.C.No.5427 of 2021

APPENDIX OF CRL.MC 5427/2020

PETITIONER ANNEXURE

ANNEXURE-A1 THE CERTIFIED COPY OF FIR NO.304/14 OF VADEKKAD POLICE STATION

ANNEXURE-A2 THE CERTIFIED COPY OF THE FINAL REPORT AND CONNECTED DOCUMENTS IN CRIME NO.304/14 OF VADEKKAD POLICE STATION

ANNEXURE-A3 THE CERTIFIED COPY OF THE JUDGMENT DATED 23.02.2019 OF THE ASSISTANT SESSIONS JUDGE, CHAVAKKAD IN SC NO.751/2015