Mansoor vs State Of Kerala
2023 Latest Caselaw 67 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
 FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
                    CRL.MC NO. 9137 OF 2022
     LP 37/2019 OF ADDITIONAL SESSIONS COURT, OTTAPALAM
        CRIME NO.195/2013 OF PATTAMBI POLICE STATION
PETITIONER/ACCUSED

          MANSOOR
          AGED 38 YEARS
          S/O.MUHAMMEDALI,
          KARUTHANATHODIYIL HOUSE,
          PERUMUDIYOOR, PATTAMBI,
          PALAKKAD DISTRICT, PIN - 679303
          BY ADV M.REVIKRISHNAN


RESPONDENT/COMPLAINANT

          STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, HIGH COURT P.O.,
          ERNAKULAM , PIN - 682031
          SRI. M P PRASHANTH-PP



      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON   06.01.2023,   THE   COURT   ON   THE   SAME   DAY   PASSED   THE
FOLLOWING:
 Crl.M.C.9137/2022
                                         2


                     ZIYAD RAHMAN A.A., J.
                     --------------------------------
                      Crl.M.C.9137 of 2022
                      ------------------------------
                    Dated : 6th January, 2023


                               ORDER

1. The petitioner is the 17th accused in Crime No.195/2013 of

Pattambi Police Station, Palakkad, registered against 17

persons alleging offences punishable under Sections 143,

147, 148, 447, 323, 324 and 308 r/w Section 149 of the

Indian Penal Code.

2. Annexure-1 is the final report submitted by the police. The

prosecution case is that on 20.02.2013, the accused

persons formed themselves into an unlawful assembly,

armed with deadly weapons such as wooden sticks, iron

sticks, stones etc., trespassed into the residential building

of CW1, threatened him and assaulted, thereby causing

injuries to him. Based on the Annexure-1 final report,

cognizance was taken, and the trial was conducted as

S.C.No.659/2015 before the Additional Sessions Court,

Ottappalam. In the said trial, all the accused persons,

except accused Nos.4 and 17, participated, and as per Crl.M.C.9137/2022

Annexure 5, all of them were found not guilty and

accordingly acquitted.

3. Later, the petitioner and 4th accused approached this Court

by filing Crl.M.C.2502/2020, culminating in Annexure-2

judgment. Even though this Court quashed the

proceedings against accused No.4, holding that

consequent to the order of acquittal passed as per

Annexure-5 order, the substratum of the prosecution case

is lost, the prayer to quash the proceedings against the

petitioner herein, who is the 17th accused, was declined.

The reason for rejecting the prayer as regards the

petitioner was that, even though an order was passed by

this Court in the aforesaid Crl.M.C, directing the petitioner

to surrender before the trial Court and seek bail, he failed

to do so. However, in the Annexure-2 order passed by this

Court, even while dismissing the prayer sought by the

petitioner, it was clearly observed that the dismissal of the

said Crl. M.C shall not preclude the petitioner from

approaching this Court once again, if he surrenders before

the Court and subjects himself to the process of law.

4. This Crl.M.C is filed by the petitioner, seeking to quash the

proceedings against him. When this Crl.M.C came up for Crl.M.C.9137/2022

consideration, an order was passed by this Court on

14.12.2022, directing the petitioner to surrender before the

jurisdictional Court and seek bail. It is reported that, in

compliance with the aforesaid order, the petitioner had

already surrendered before Court on 4.1.2023 and was

released on bail.

5. Considering the fact that the petitioner had surrendered

before the trial Court in compliance with the directions of

this Court, I am of the view that the matter can be

considered on its merits. In the Annexure-2 order, this

Court has already found that consequent to the order of

acquittal passed in respect of the prosecution against other

accused, the substratum of the prosecution case is lost,

and the prosecution against the 4th accused was quashed.

Since this Court has already taken such a view, no other

conclusion is possible in this case as regards the

prosecution against the petitioner. Therefore, I am inclined

to invoke the jurisdiction under Section 482 Cr.P.C.

concerning the prosecution against the petitioner.

Accordingly, this Crl.M.C is allowed. Annexure-1 final

report submitted in Crime No.195/2013 of Pattambi police

station and all further proceedings pursuant to the same, Crl.M.C.9137/2022

including the proceedings pending against the petitioner

before the Additional Sessions Court, Ottapalam, are

hereby quashed.

Sd/-

ZIYAD RAHMAN A.A, Judge

Mrcs/6.1.2023 Crl.M.C.9137/2022

APPENDIX OF CRL.MC 9137/2022

ANNEXURES Annexure 1 A TRUE COPY OF THE FINAL REPORT IN CRIME NO. 195/2013 OF PATTAMBI POLICE STATION, PALAKKAD DISTRICT Annexure 2 A TRUE COPY OF THE ORDER PASSED BY THIS HONOURABLE COURT IN CRL.M.C.NO. 2502 OF 2020 DATED 02.06.2022 Annexure 3 A TRUE COPY OF THE AIR TICKET CONFIRMED IN THE NAME OF THE PETITIONER EVIDENCING HIS PROPOSED DEPARTURE FROM TORONTO AND ARRIVAL AT COCHIN Annexure 4 A TRUE COPY OF THE AIR TICKET CONFIRMED IN THE NAME OF THE PETITIONER .

EVIDENCING HIS PROPOSED DEPARTURE FROM COCHIN AND ARRIVAL AT TORONTO Annexure 5 A TRUE COPY OF THE JUDGMENT IN SESSION CASE NO.659/2015 DATED 06.09.2019 OF COURT OF THE ADDITIONAL SESSIONS JUDGE OTTAPALAM