Muhammad Farhan vs State Of Kerala
2023 Latest Caselaw 8410 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945

                  CRL.MC NO. 5549 OF 2023
   AGAINST THE ORDER/JUDGMENT IN CC 94/2020 OF JUDICIAL
           MAGISTRATE OF FIRST CLASS ,NADAPURAM

PETITIONER/S:

    1       MUHAMMAD FARHAN
            AGED 27 YEARS
            S/O ABDULLA, KOTTARATHIL (H)
            PARAKKADAV PO VEVAM, KOZHIKODE, PIN - 673509

    2       ABDUL SAMAD
            AGED 34 YEARS
            S/O SAYED
            ABU KOYA THANGAL, CHEMBENTEVIDA (H)
            MUDAVANTHERI PO MUDAVANTHERI, PIN - 673505

    3       ASHRAF,
            AGED 31 YEARS
            S/O AYISHA,
            PUTHAN KOYILOTH (H) MUDAVANTHERI
            PO THUNERI, PIN - 673504

    4       MAHAMOOD
            AGED 52 YEARS
            S/O KUNJABDULLAHAJI,
            AARAKENTAVIDA (H), CHEKYAD PO
            KURUVANTHERI, PIN - 673509

    5       SALAM
            AGED 38 YEARS
            S/O KUNJABDULLAHAJI,
            PUTHIYADATHUCHALIL (H) KURUVANTHERI PO
            CHEKYAD, THUNERI, PIN - 673509

            BY ADVS.
            SHARAN SHAHIER
            RAKHY BABY
            EDWIN JOSEPH
            AGNA JOY
 CRL.MC NO. 5549 OF 2023

                            2


RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY THE PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

    2     CHATHU
          AGED 71 YEARS,
          S/O CHEKKOTTY,
          VADAKKE MADATHIL HOUSE,
          ELAYADAM, KADAMERI.PO, KODANCHERI,
          KOZHIKODE, PIN - 673507




          SMT. NEEMA T V, SR. PP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 07.08.2023, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
 CRL.MC NO. 5549 OF 2023

                                       3



                                   ORDER

This petition is filed invoking the powers of this Court under Section

482 of the Code of Criminal Procedure, 1973 ("the Code" for the sake of

brevity).

2. The petitioners herein are the accused Nos. 1, 3 6, 12 and 14

in C.C. No. 94 of 2020 on the files of the Judicial Magistrate of the First

Class, Nadapuram. In the said case, they are accused of having

committed offences punishable under Sections 143, 147, 148, 448, 427 r/w

149 of the IPC.

3. The aforesaid case has arisen from Crime No. 624/2016 of

the Nadapuram Police Station. After investigation, the final report was laid,

arraying as many as fourteen persons as the accused in the final report.

The petitioners herein and the 2nd accused failed to appear before the

learned Magistrate, and the case against them was split up. The rest of the

accused were proceeded with and they were acquitted of all charges by

judgment dated 10.06.2019 in C.C. No. 1222/2016. Later, the 2nd accused

appeared before the learned Magistrate and faced trial. By Annexure-2

judgment dated 27.01.2020, he was acquitted of all charges.

4. After the acquittal of the co-accused, the petitioners

surrendered before the Magistrate, and the case against them was refiled

as C.C. No. 94/2020.

CRL.MC NO. 5549 OF 2023

5. On the basis of the acquittal of the co-accused this petition is

filed seeking to quash the proceedings on the ground that the substratum

of the case against the petitioners has been shattered. The petitioners also

contend that the de facto complainant has also filed Annexure-3 affidavit

asserting that he has no subsisting grievance against the petitioners and

that he has no objection in quashing the proceedings.

6. Sri. Sharan Shahier, the learned counsel appearing for the

petitioners, has relied on the judgments rendered by this Court in Moosa

v. Sub Inspector of Police1 [2006 (1) KLJ 349], Abbas T.K. v. State

of Kerala [2013 KHC 336], Jalalu Rajan and Anr v. State of Kerala

[2013 KHC 177] and Ashraf Kancheriyil v. State of Kerala [2011 (2)

KHC 812] and it was urged that the continuance of proceedings against

the petitioners herein would serve no purpose. Reliance is also placed on

State of M.P. v. Laxmi Narayan,2 Gian Singh v. State of Punjab3,

Narinder Singh v. State of Punjab4, and it is argued that on the basis

of the affidavit filed by the 2nd respondent, this Court will be justified in

terminating the proceedings.

7. I have heard the learned Public Prosecutor.

8. I have gone through the Annexure-1 final report and

[(2019) 5 SCC 688]

(2012) 10 SCC 303

2014 (6) SCC 466 CRL.MC NO. 5549 OF 2023

Annexure-2 judgment of acquittal rendered by the court below. It is borne

out from Annexure-2 that none of the prosecution witnesses had deposed

in tune with the prosecution case. The Court below, after meticulous

analysis of the evidence on record, came to the conclusion that the

accused were entitled to acquittal under Section 248 of the Code. As held

by a three-Judge Bench of this Court in Moosa v. Sub Inspector of

Police (2006 (1) KLT 552), though the reasoning of the judgment

contained or appreciation of evidence in the case of a co-accused therein

are not grounds to attract any relief under Section 482 of the Code of

Criminal Procedure, a case where the substratum of the case is lost, is an

exception to the above rule. In the case on hand, the de facto complainant

has also filed an affidavit stating that he has no subsisting grievance.

9. I am of the firm view that no purpose is going to be served by

directing the petitioners herein to undergo the ordeal of a trial at this

stage. It can only be a futile exercise and will only serve to waste

precious judicial time, which can be used for more productive work. The

prospects of conviction are nil in view of the affidavit filed by the de facto

complainant. Furthermore, no evidence of worth could be adduced by the

prosecution during the previous trial. In that view of the matter, I am of

the considered opinion that this Court will be well justified in invoking the

powers under Section 482 of the Code and in quashing the proceedings. CRL.MC NO. 5549 OF 2023

This petition is allowed. Annexure-1 Final Report in Crime No.

624/2016 of Nadapuram Police Station, Kozhikode, and all further

proceedings against the petitioners pending as C.C.No. 94/2020 on the file

of the Judicial Magistrate of the First Class, Nadapuram, are quashed.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

avs CRL.MC NO. 5549 OF 2023

APPENDIX OF CRL.MC 5549/2023

PETITIONER ANNEXURES

Annexure 1 CERTIFIED COPY OF THE CHARGESHEET DATED 30.11.2016 IN CRIME NO. 624/2016 OF NADAPURAM POLICE STATION, KOZHIKODE DISTRICT

Annexure 2 TRUE COPY OF THE JUDGEMENT DATED 27.01.2020 PASSED BY JUDICIAL FIRST CLASS MAGISTRATE COURT NADAPURAM IN CC 356 OF 2019

Annexure 3 AFFIDAVIT FILED BY THE 2ND RESPONDENT