Kerala High Court
Salahudeen Alias Attukaran Salam vs State Of Kerala on 14 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
CRL.MC NO. 1677 OF 2021
(FOR QUASHIN THE FINAL REPORT IN CRIME NO.22/1998 OF VATTAPPARA
POLICE STATION, THIRUVANANTHAPURAM DISTRICT AS AGAINST THE PETITIOENR
AND FOR CLOSING ALL FURTHER PROCEEDINS IN S.C.NO.55/2018 ON THE FILE
OF ASSISTANT SESSIONS COURT, NEDUMANGAD)
PETITIONER/3RD ACCUSED:
SALAHUDEEN ALIAS ATTUKARAN SALAM
AGED 53 YEARS
S/O ABOOBAKER KUNJU,
NAZIYA MANZIL,
KOPPAM,
MANNIKKAL, VEMBAYAM P.O.
THIRUVANANTHAPURAM-695 615.
BY ADV A.S.SHAMMY RAJ
RESPONDENTS/STATE AND INJURED PERSONS:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
HIGH COURT P.O.
ERNAKULAM-682 031.
2 SHAJAHAN
AGED 50 YEARS
S/O ABDUL LATHEEF,
CHANTHAVILA VEEDU,
KANYAKULANGARA,
THEKKADA, VEMBAYAM P.O.
THIRUVANANTHAPURAM-695 615.
Crl.M.C.No.1677 OF 2021
2
3 RASEENA BEEVI
AGED 42 YEARS
W/O SHAJAHAN,
CHANTHAVILA VEEDU,
KANYAKULANGARA,
THEKKADA, VEMBAYAM P.O.
THIRUVANANTHAPURAM-695 615.
BY ADV K.S.PRAVEEN
ADV.C.SEENA - PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Crl.M.C.No.1677 OF 2021
3
ORDER
Dated this the 14th day of September 2021
The petitioner is the 3rd accused in Crime No.22/1998 of
Vattapara Police Station, Thiruvananthapuram District, registered
under Sections 143, 144, 147, 148, 149, 458, 324, 120(b), 114, 307,
395 of Indian Penal Code r/w Section 27 of the Arms Act, and the
accused in S.C. No.55/2018 of Assistant Sessions Court,
Nedumangad.
2. This Crl.M.C. has been filed seeking to quash final report
as Annexure-A1 in Crime No.22/1998 Vattappara Police Station,
Thiruvananthapuram District, and all further proceedings in S.C.
No.55/2018 on the file of Assistant Sessions Court, Nedumangad, as
against the petitioner.
3. Annexure-A1 is the certified copy of the final report. It is
alleged by the prosecution that on 04.2.1998 at about 11.30 p.m, the
accused 1 to 9 trespassed into the residence of the defacto
complainant and accused persons kicked opened the door of the
southern room of the said house and the 1st accused shouted that
Crl.M.C.No.1677 OF 2021
"how dare you filed a case against us before police, so we will kill
you" and took a sword and made a chop injury on the left wrist, and
by that time the 2nd accused made a chop injury on the left elbow of
the defacto complainant using a knief. 3rd accused made a chop injury
on the right palm and fingers using a knife, and when the defacto
complainant fell down, the accused 4 and 6 made chop injury on both
legs of defacto complainant and the 5 th accused made a cut injury on
the left foot, and 7th accused made a cut injury on the right knee, and
the 8th accused made a cut injury on the right toe of the defacto
complainant. Thereby, they committed the offence aforementioned.
4. According to the learned counsel for the petitioner, the
case against accused Nos.5 and 8 has also ended in acquittal as per
the judgment in S.C. No. 2493/2006, dated 18.12.2017 of the
Assistant Sessions Judge, Nedumangad. He produced the copy of the
judgment as Annexure-A4. The case of the petitioner was split up
and subsequently, it was renumbered as S.C. 55/2018.
5. As per Annexure-A2 judgment in S.C. No.598/1999 dated
01.7.2002 the case against accused Nos.2, 4, 6, 7 and 9 were
acquitted.
Crl.M.C.No.1677 OF 2021
6. In the mean time, the 1st accused filed Crl.M.C.
No.1608/2003 to quash the proceedings against him in the light of
the judgment of acquittal other accused persons. Taking into account
the judgment of acquittal of other accused persons, proceedings
against the 1st accused in Crime No.22/1988 which was pending as
L.P. No.98/1999 on the file of the Judicial First Class Magistrate
Court-I, Nedumangad, was quashed by this Court. Annexure A3 is
the copy of the judgment in Crl.M.C. No.1608/2003 dated 30.8.2005.
7. According to the learned counsel for the petitioner, case
against all other accused except the petitioner herein had been
disposed of and case against the accused Nos.2, 4, 6, 7 and 9 and
also the accused Nos.5 and 8 entered into acquittal after full fledged
trial. The learned counsel would contend that no useful purpose
would be served in continuing the proceedings as against the
petitioner, who is the 3rd accused. As per Annexure-A3 order in
Crl.M.C. No.1608/2003 case against 1 st accused has already been
quashed by this Court as per the order dated 30.8.2005.
8. Annexure-A2 and A3 judgments would reveal that none of
the witnesses including the victims could identify the assailants.
Crl.M.C.No.1677 OF 2021
Nothing incriminating came out against against any of the accused
persons who stood trial in the earlier cases. None of the injured
witnesses or eye witnesses stated the name of the petitioner/3rd
accused also. So the continuation of the proceedings against
petitioner in S.C. No.55/2018 would be waste of time and an abuse
of process of law.
9. In the said circumstances, especially in view of the fact
that the case against the prime accused has already been quashed by
this Court, I don't think that any useful purpose would be served in
continuing the proceedings against the petitioner.
In the result, Crl.M.C. stands allowed and the entire
proceedings against the petitioner in Crime No.22/1998 of Vattappara
Police Station, which is pending as S.C. No.55/2018 on the file of
Assistant Sessions Court, Nedumangad is here by quashed.
The Crl.M.C. is allowed as above.
Sd/-
M.R.ANITHA
JUDGE
SMF
Crl.M.C.No.1677 OF 2021
APPENDIX OF CRL.MC 1677/2021
PETITIONERS' ANNEXURE
ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO 22/1998 OF VATTAPPARA POLICE STATION
THIRUVANANTHAPURAM DISTRICT.
ANNEXURE A2 TRUE COPY OF THE JUDGMENT DATED 1.7.2002 IN
SC NO 598/1999 ON THE FILE OF ASSISTANT
SESSIONS COURT, NEDUMANGAD.
ANNEXURE A3 TRUE COPY OF THE JUDGMENT DATED 30.8.2005
IN CRO.MC NO.1608/2003 ON THE FILE OF THIS
HON'BLE COURT.
ANNEXURE A4 TRUE COPY OF THE JUDGMENT DATED 18.12.2017
IN SC NO.2493/2006 ON THE FILE OF ASSISTANT
SESSIONS COURT, NEDUMANGAD.
ANNEXURE A5 TRUE COPY OF THE RELEVANT PAGES OF PASSPORT
OF PETITIONER BEARING NO.P1669472 ISSUED ON
16.2.2017 AND VISA ENTRIES.
ANNEXURE A6 TRUE COPY OF THE RESIDENT IDENTITY CARD
ISSUED TO THE PETITIONER BY UAE GOVERNMENT
BEARING NO.104273149.
ANNEXURE A7 ORIGINAL AFFIDAVIT SOWN BY THE 2ND
RESPONDENT/DE-FACTO COMPLAINANT DATED
25.2.2021.
ANNEXURE A8 ORIGINAL AFFIDAVIT SWORN BY THE 3RD
RESPONDENT DATED 25.2.2021.
//TRUE COPY//
PA TO JUDGE
