Kerala High Court
Ahammed Rizwan vs The Additional Sub Inspector Of Police on 15 December, 2023
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 15TH DAY OF DECEMBER 2023 / 24TH AGRAHAYANA, 1945
CRL.MC NO. 10204 OF 2023
CRIME NO.400/2016 OF Kumbla Police Station, Kasargod
PETITIONER(S)/ACCUSED:
AHAMMED RIZWAN
AGED 22 YEARS
S/O. HUSSAINAR, RIYAS MANZIL, NEAR IIND RAILWAY GATE,
ARIKADY VILLAGE, KASARAGOD, PIN - 671321
BY ADV ANN SUSAN GEORGE
RESPONDENT(S)/COMPLAINANT AND STATE:
1 THE ADDITIONAL SUB INSPECTOR OF POLICE
KUMBLA POLICE STATION, KASARAGOD, PIN - 671321
2 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
BY ADV.SRI. M.P. PRASANT, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15.12.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.10204 of 2023
2
P.V.KUNHIKRISHNAN, J.
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Crl.M.C.No.10204 of 2023
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Dated this the 15th day of December, 2023
ORDER
This Criminal Miscellaneous Case is filed under Section
482 of the Code of Criminal Procedure, 1973 ("the Code"
for the sake of brevity).
2. Petitioner is one of the accused in Crime
No.400/2016 of Kumbala Police Station. Petitioner was
minor at the time of the alleged incident. The case was
registered alleging offences punishable under Section 143,
147, 148, 341, 323, 324 r/w 149 IPC.
3. The final report was filed before the jurisdictional
court. Since the petitioner was a minor, the case was
referred to the Juvenile Justice Board. But no final report is
filed before the Juvenile Justice Board. As far as the case
against the other accused is concerned, the trial court
acquitted them, as evident by Annexure III judgment. In
the light of Annexure III judgment, the proceedings against
the petitioner is an abuse of process of court, is the
submission.
4. Heard counsel for the petitioner and the Public
Prosecutor. The counsel for the petitioner submitted that
the co-accused were already acquitted by the trial court
and the continuation of the trial against the petitioner will
be an abuse of process of court because the substratum of
the prosecution case is shattered. The Public Prosecutor
submitted that the petitioner has to face trial before the
lower court and this court may not invoke the powers under
Section 482 of the Code. The Public Prosecutor also
submitted that the statement of the defacto complainant is
recorded and the defacto complainant is not interested to
proceed against the petitioner.
5. This Court in Moosa v. Sub Inspector of Police
(2006 (1) KLT 552), Abbas T.K. v. State of Kerala
(2013 KHC 336) and in Ashraf Kancheriyil v. State of
Kerala (2011(2) KHC 812) considered the powers of this
court to invoke Section 482 of the Code to quash the
proceedings based on the acquittal of co-accused. The
dictum laid down by this court in the above judgment is
that, if substratum of prosecution case is shattered by the
judgement of acquittal of the co-accused that could be
taken into account while considering the request to quash
the proceedings. After going through the judgment of the
trial court, I am of the considered opinion that the
continuation of the prosecution against the petitioner will be
an abuse of process of court. It will be beneficial to extract
the relevant portion of Annexure III judgment by which the
co-accused is acquitted:
"8. Point No.1:- PW I to PW6 are the injured. They
deposed that on 14.07.2016 a mob assaulted and
voluntarily caused injury to them. However, in the witness
box all the witnesses failed to identify the accused standing
in the dock and turned hostile to the prosecution. As the
evidence adduced by the prosecution does not disclose the
involvement of the accused in the alleged offence. I have
no hesitation to hold that the prosecution has failed to
prove the case."
From the above, it is clear that the substratum of the
prosecution case is shattered by the judgment delivered by
the lower court, while acquitting the co-accused. Therefore,
this court is of the view that the continuation of the
prosecution will be an abuse of process of court and it will
be a judicial waste of time. Therefore, this Crl.M.C can be
allowed.
Therefore, this Criminal Miscellaneous case is allowed.
All further proceedings against the petitioner in Crime
No.400/2016 of Kumbala Police Station are quashed.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
APPENDIX OF CRL.MC 10204/2023
PETITIONER ANNEXURES
ANNEXURE.I THE CERTIFIED COPY OF THE FIRST
INFORMATION REPORT IN CRIME NO. 400 /
2016 OF KUMBLA POLICE STATION,
KASARAGOD
ANNEXURE.II THE CERTIFIED COPY OF THE FINAL REPORT
IN C. C. NO. 144 / 2016 ON THE FILES OF
THE JUDICIAL FIRST CLASS MAGISTRATE
/ 2016 OF KUMBLA POLICE STATION,
KASARAGOD
ANNEXURE.III THE CERTIFIED COPY OF THE JUDGMENT
DATED 17.11.2016. IN C. C. NO. 144 /
2016 ON THE FILES OF THE JUDICIAL FIRST
CLASS MAGISTRATE COURT - II, KASARAGOD
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
