Jaffer Sadique .K.M vs State Of Kerala - Represented By ...
2022 Latest Caselaw 6075 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
          THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
   WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
                    CRL.MC NO. 3165 OF 2022
   AGAINST LP 13/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS
                          -II,HOSDRUG
PETITIONER/S:

          JAFFER SADIQUE .K.M
          AGED 26 YEARS
          S/O ABDULRAHIMAN, KUNNIL(H)
          KUNIYA,PERIYA VILLAGE,
          KASARGOD DISTRICT
          , PIN - 671316
          BY ADVS.
          K.REEHA KHADER
          RESHMA R.NAIR


RESPONDENT/S:

          STATE OF KERALA - REPRESENTED BY PUBLIC PROSECUTOR
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM -
          , PIN - 682031
OTHER PRESENT:

          ADV. C. S. HRITHWIK -SR. PP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl. M.C. No. 3165 of 2022        -2-




                          JUDGMENT

Dated this the 1st day of June, 2022

The petitioner is the 1st accused in Crime No. 652 of 2015 of

Bekal Police Station which was registered for the offences punishable

under Sections 341, 427, 308 read with 34 of the Indian Penal Code

and also under Section 3(1) read with Section 181 of the Motor

Vehicles Act.

2. The prosecution case is that on 08.10.2015 at 09:30 a.m., the

petitioner along with two other persons, blocked the car in which the

de facto complainants were traveling and caused voluntary hurt by

beating them with hands. It is also alleged that the petitioner and two

other persons have broken the front glass of the car driven by the de

facto complaint and thereby caused a loss of Rs. 11,500/-. Annexure

A1 is the final report submitted by the Police.

3. Originally, the aforesaid crime was tried as SC No. 750 of

2016 by the Assistant Sessions Court, Hosdurg upon being committed

by the Judicial First Class Magistrate Court - II, Hosdurg in C. P. No.

210 of 2015. In the said trial, the 2nd and 3rd accused have

participated. As the petitioner did not appear during the committal

proceedings, the proceedings against him was not committed and the

same is now pending as L.P. No. 13 of 2019 before the Judicial First

Class Magistrate Court - II, Hosdurg. The trial conducted as against

the accused Nos. 2 and 3 resulted in Annexure A2 judgment by which

both the said accused persons were acquitted under Section 232 of

Cr.P.C.

4. This Crl. M. C. is filed by the petitioner / 1 st accused by

placing reliance on the findings and observations contained in

Annexure A2 judgment. It is contended that the substratum of the case

itself is lost consequent to the acquittal of the co-accused. Reliance

was also placed on the principles laid down by a Full Bench of this

Court in Moosa v. Sub Inspector of Police [2006 (1) KLT 551].

5. Heard Smt. Reeha Khader, learned counsel for the petitioner

and Sri. C. S. Hrithwik, learned Public Prosecutor for the State.

6. The question that arises here is whether this is a fit case in

which powers of this Court under Section 482 of the Cr.P.C. has to be

invoked.

7. The prayer for quashing the proceedings is sought mainly

placing reliance upon Annexure A2 judgment. Learned counsel for the

petitioner brought my attention to paragraphs 9, 10, 11 and 12 of

Annexure A2 judgment. A careful scrutiny of the observations made

therein would indicate that PW3 and PW4, who are the injured

persons in the incident, have turned hostile to the prosecution. Both of

them have categorically deposed that even though incident in the

manner claimed by the prosecution has occurred, they could not

identify any of the assailants. There are no other evidence connecting

the accused persons to the offences alleged. The order of acquittal was

passed in such circumstances by the learned Assistant Sessions Judge.

8. Thus, when the observations and findings entered by the

learned Assistant Sessions Judge are taken into consideration, it is

evident that the very base of the prosecution itself was shattered. Even

the injured person did not support the prosecution by specifically

stating that they could not identify any of the assailants.

9. In such circumstances, it can be safely concluded that this is a

case in which the findings entered by the learned Assistant Sessions

Judge in Annexure 2 judgment will have the impact of destroying the

substratum of the case. Therefore this is a fit case in which the

principles laid down by the Full Bench of this Court in Moosa's case

can be applied. Thus I find merits in the contentions put forward by

the learned counsel for the petitioner.

Accordingly this Crl. M. C. is allowed. All further proceedings

in Crime No. 652 of 2015 of Bekal Police Station including the

proceedings in L. P. No. 13 of 2019 on the files of Judicial First Class

Magistrate Court - II, Hosdurg as against the petitioner are hereby

quashed.

Sd/-

ZIYAD RAHMAN A. A.

JUDGE

Eb

///TRUE COPY/// P. A. TO JUDGE

APPENDIX OF CRL.MC 3165/2022

PETITIONER ANNEXURES Annexure A1 A CERTIFIED COPY OF FINAL REPORT IN CRIME NO.652 /2015 OF BEKAL POLICE STATION, KASARGOD DISTRICT Annexure A2 A CERTIFIED COPY OF THE JUDGEMENT IN SC 750/2016 NOW PENDING ASL.P NO. 13/2019 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE II,HOSDURG