Arattan Abdulla vs State Of Kerala
2022 Latest Caselaw 2551 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE K.HARIPAL
        FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943
                       CRL.MC NO. 1185 OF 2022
       CRIME NO.84/2005 OF PAYANGADI POLICE STATION, KANNUR.
PETITIONER:

    1       ARATTAN ABDULLA
            AGED 48 YEARS
            KV HOUSE,
            NEAR JASINTHA BUILDING,
            MATTOOL AMSOM
            KANNUR, PIN - 670325
    2       K.C. FAROOQ
            AGED 45 YEARS
            MUNDAYILE PURAYIL HOUSE,
            MATTOOL AMSOM
            KANNUR, PIN - 670325
            BY ADV B.MUHAMMED SHAHEEL

RESPONDENT:

            STATE OF KERALA
            PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA
            ERNAKULAM,
            PIN - 682031

            SR.PP - SRI. HRITHWIK C.S.

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.03.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.1185 of 2022
                                        2




                                        ORDER

Petitioners are accused Nos.4 and 6 in Crime No.84/2005 of

Payangadi police station, Kannur which was registered on

26.03.2005 alleging offence under Sections 153-A read with 34 of

the IPC. The allegation against the accused persons who are

muslims was that they had created and spread offensive

pamphlet in the name of the RSS with the intention of creating

communal disharmony and promote enmity between different

groups on the ground of religion. The crime was registered after

seizing photocopies of the pamphlets which contained the alleged

writings; the first accused was arrested from the spot. On

conclusion of investigation charge sheet was laid before the

Judicial First Class Magistrate's Court, Payyannur where the case

was taken on file as C.C.No.118/2011.

2. According to the learned counsel for the petitioners, by

virtue of Annexures 3, 4 and 5 judgments, accused Nos.1, 2, 3,

and 5 stand acquitted, by the acquittal of them the substratum of Crl.M.C.No.1185 of 2022

the case has been lost and therefore, there is absolutely nothing

remaining to proceed against the petitioners through

C.C.No.1112/2018 pending before the Judicial First Class

Magistrate's Court, Payyannur. Therefore, entire proceedings in

the case are sought to be quashed.

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

the learned Senior Public Prosecutor.

4. Pointed attention of the Court has been drawn to

Annexure 3 to 5 judgments of the Judicial First Class Magistrate,

Payyannur in C.C.No.118/2011 dated 22.12.2017,

C.C.No.1366/2017 dated 27.02.2018 and C.C.No.189/2018 dated

17.11.2018. The prosecution records indicate that the crime was

registered after seizing photocopies of the said pamphlets from

the shop run by the first accused. The first accused was arrested

along with the offensive pamphlets and also the photocopying

machine on the premise that the offensive pamphlets were created

using the said photocopying machine. The Sub Inspector who

detected the crime and another police officer who had reportedly Crl.M.C.No.1185 of 2022

accompanied him were examined as PWs 1 and 2 in all these

three cases.

5. In Annexure-3 judgment, the first accused was

acquitted on the premise that the original pamphlet could not be

traced. Moreover, after forensic examination, it did not reveal

that the photocopies were created using the photocopying

machine seized by the police. The PW2 who had allegedly

accompanied PW1, did not support the prosecution case. Thus the

first accused was acquitted. Following the same, by Annexures 4

and 5 judgments, after examining all the material witnesses

accused Nos. 2, 3 and 5 were also acquitted.

6. After rushing through the Annexures 3 to 5 documents,

I am convinced that the substratum of the case has been lost. The

most vital piece of evidence is the said offensive pamphlet

allegedly spread by the accused persons. The original of the

pamphlet could not be traced. Prosecution also could not prove

that it was the accused persons who had created and distributed

the same. In fact, accused Nos.2 to 6 were impleaded on the basis Crl.M.C.No.1185 of 2022

of the information furnished by the first accused.

7. In the light of Annexures 3 to 5 verdicts, substratum of

the case has been lost and therefore, trying the petitioners would

be an exercise in futile. Therefore, entire proceedings in

C.C.No.1112/2018 pending before the Judicial First Class

Magistrate's Court, Payyannur are quashed and the petitioners

shall stand exonerated.

Crl.M.C is allowed as above.

Sd/-

K.HARIPAL JUDGE

Jms/04.03

//True Copy// P.A to Judge Crl.M.C.No.1185 of 2022

APPENDIX OF CRL.MC 1185/2022

PETITIONER ANNEXURES Annexure1 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 84/2005 OF PAYANGADI POLICE STATION, KANNUR DISTRICT NOW PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE, PAYYANNUR AS CC 1112/2018 Annexure2 THE CERTIFIED COPY OF THE FIR IN CRIME NO.

84/2005 OF PAYANGADI POLICE STATION, KANNUR DISTRICT Annexure3 THE CERTIFIED COPY OF THE JUDGMENT DATED 22.12.2017 OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE, PAYYANNUR IN CC 118/2011 Annexure4 THE CERTIFIED COPY OF THE JUDGMENT DATED 27.2.2018 OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE, PAYYANNUR IN CC 1366/2017 Annexure5 THE CERTIFIED COPY OF THE JUDGMENT DATED 17.11.2018 OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE, PAYYANNUR IN CC 189/2018