Noohman. K. K vs State Of Kerala
2023 Latest Caselaw 8830 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
     THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                  CRL.MC NO. 1097 OF 2023
 AGAINST THE ORDER/JUDGMENT IN CP NO.50/2022 OF JUDICIAL
           MAGISTRATE OF FIRST CLASS -I, HOSDRUG

PETITIONERS/1ST AND 2ND ACCUSED :-

 1   NOOHMAN. K. K, AGED 29 YEARS
     SON OF ABDUL RAHIM K. K
     SHAMEEMA MANSIL, BALLA KADAPPURAM,
     BALLA VILLAGE, HOSDURG TALUK,
     KASARAGOD-, PIN - 671315

 2   JUNAID. M. K
     AGED 38 YEARS
     SON OF IBRAHIM MEESHAMUKK,
     BALLA KADAPPURAM, BALLA VILLAGE,
     HOSDURG TALUK, KASARAGOD-, PIN - 671315

     BY ADVS.
     A.ARUNKUMAR
     HEERAKRISHNA T.H.
     SACHIN GEORGE ARAMBAN


RESPONDENT/STATE/COMPLAINANT :-

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

 BY SMT.NEEMA T.V, SR.PP

 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.08.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO.1097 OF 2023                 2




                                  ORDER

The petitioners herein are the accused Nos.1 and 2 in C.P. No.50

of 2022 on the file of the Judicial Magistrate of First Class-I, Hosdurg. In

the aforesaid case, they are facing prosecution for having committed

offences punishable under sections 143, 147, 148, 145, 353, 332 and 308

r/w 149 of the IPC.

2. On 14.5.2016, at about 5:45 PM, about 200 UDF activists,

including the accused nos. 1 to 7, formed an unlawful assembly in

prosecution of their common object on a public road in connection with

the conclusion of the public campaign for the assembly election. The

accused pelted stones at a police party that had reached the spot. It is

alleged that the stones were pelted with the knowledge that it would

cause injuries and that their actions could have caused death to a police

officer. It is further alleged that the accused obstructed the police officers

in the performance of their official duties.

3. In the final report filed before the jurisdictional court,7

persons were arrayed as the accused, and the petitioners herein are the

accused Nos.1 and 2. The petitioners did not appear before the learned

Sessions Judge and hence the case against them was split up. The

accused Nos.3, 4, 6, and 7 appeared before the court and faced trial, and

by judgment dated 12.01.2023 in S.C.No.268 of 2019, the learned

Sessions Judge proceeded to acquit the accused under Section 255(1) of

the Cr.P.C.

4. This petition is filed on the basis of the acquittal of the

co-accused, seeking to quash the proceedings on the ground that the

substratum of the case against the petitioner has been shattered.

5. I have heard the learned counsel for the petitioner as well as

the learned Public Prosecutor.

6. The learned Counsel appearing for the petitioner, relying on

the decisions of this Court in Moosa V Sub Inspector of Police1,

Abbas T.K. V State of Kerala2, Jalalu Rajan and Anr V State of

Kerala3 and Ashraf Kancheriyil v. State of Kerala4 would submit

that the continuance of proceedings against the petitioner would serve

no purpose.

2006 (1) KLJ 349

2013 KHC 336

2013 KHC 177

2011 (2) KHC 812

7. I have gone through the charge sheet (Annexure II) and the

judgment of acquittal (Annexure III) rendered by the learned Sessions

Judge. After meticulously analysing the evidence, the learned Sessions

Judge came to the conclusion that there was no evidence worth the name

to link any of the accused with the offences alleged. As held by this court

in Moosa v. Sub Inspector of Police5, although the reasoning of the

judgment or the appreciation of evidence in the case of a co-accused

therein is not grounds to grant any relief under Section 482 of the Code of

Criminal Procedure, an exception to this rule exists when the substratum

of the case is lost.

8. I am firmly of the view that there is no point in directing the

petitioner to face trial at this stage. It would be a futile exercise that

would only serve to waste precious judicial time, which could be better

spent on more productive matters. The prospects of conviction are

extremely slim, as the prosecution was unable to produce any plausible

evidence during the previous trial. This court would be justified in

quashing the proceedings under Section 482 of the Code.

Resultantly, this petition will stand allowed. Annexure-II final

2006 (1) KLT 552

report in Crime No.464 of 2016 of the Hosdurg Police station and all

proceedings against the petitioners, now pending as C.P.No.50 of 2022 on

the file of the Judicial Magistrate of First Class-I, Hosdurg, are quashed.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE SMA

APPENDIX OF CRL.MC 1097/2023

PETITIONER ANNEXURES

Annexure AI A TRUE COPY OF THE F.I.R IN CRIME NO.464 OF 2016 OF HOSDURG POLICE STATION

Annexure AII CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 464 OF 2016 OF HOSDURG POLICE STATION

Annexure AIII A TRUE COPY OF THE JUDGMENT DATED 12-01-2023 IN S.C NO.268 OF 2019 OF THE ASSISTANT SESSION COURT, HOSDURG