Usman vs State Of Kerala
2023 Latest Caselaw 6037 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
       FRIDAY, THE 9TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945
                       CRL.MC NO. 4065 OF 2023
 AGAINST THE CC 662/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I,
                           PERINTHALMANNA
PETITIONER/ACCUSED:

          USMAN
          AGED 32 YEARS
          S/O HUSSAIN, PACHEERI HOUSE, VEENUS LODGE ROAD,
          PERINTHALMANNA, MALAPPURAM, PIN - 679322.

          BY ADVS.
          C.Y.VINOD KUMAR
          K.A.JALEEL
          ABU SIDDIK P.

RESPONDENTS/STATE, INVESTIGATING OFFICER & INJURED PERSONS:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM.

    2     SUB INSPECTOR OF POLICE
          PERINTHALMANNA POLICE STATION, PERINTHALMANNA,
          MALAPPURAM, PIN - 679322.

    3     ASHRAF
          AGED 31 YEARS
          S/O MOIDEEN, ERATH HOUSE, CHERUPLASSERI, OTTAPPALAM
          TALUK, PALAKKAD DISTRICT, PIN - 679101.

    4     SHAMSUDEEN
          AGED 48 YEARS
          S/O KUNHIMUHAMMED, CHAKKUPURAKKAL HOUSE,
          ANAMANGAD P.O., PERINTHALMANNA, MALAPPURAM DISTRICT,
          PIN - 679322.

    5     SHAMSUDEEN
          AGED 51 YEARS
          KUNJU MOHAMMED, PUTHUR HOUSE, PATHAIKKARA P.O.,
          PERINTHALMANNA, MALAPPURAM DISTRICT, PIN - 679322.

          SRI.T R RENJITH, SR PP
 CRL.MC NO. 4065 OF 2023      2
     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.06.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 4065 OF 2023                 3


                                     ORDER

The petitioner herein is the accused in C.C.No.662/2022 on the files of

the Judicial Magistrate of First Class - I, Perinthalmanna. In the aforesaid

case, he is accused of having committed offences punishable under Sections

143, 147, 148, 324, 326 & 149 of the IPC.

2. The aforesaid case has arisen from Crime No.76/2011 of the

Perinthalmanna Police Station. The investigation was completed, and Annexure

A1 final report was laid before the court arraying as many as 5 persons as

accused. The petitioner herein was the 3rd accused in the final report. The

petitioner was not available for trial, and the case against the rest of the

accused was proceeded with. By judgment dated 30.11.2013, the learned

Magistrate proceeded to acquit the accused, who stood trial for want of

evidence. Later the 2nd accused approached this Court seeking to quash the

proceedings on account of the acquittal of the co-accused, and by order dated

11.7.2016 in Crl.M.C No.1939 of 2016, the criminal proceeding against him was

quashed.

3. It is on the basis of the acquittal of the co-accused that this

petition is filed seeking to quash the proceedings on the ground that the

substratum of the case against the petitioner has been shattered. The

petitioner also contends that the de facto complainants have also filed

Annexures-A4 to A6 affidavits asserting that they have no subsisting grievance

against the petitioner and that they have no objection in quashing the

proceedings.

4. Sri. C.Y.Vinod Kumar, the learned counsel appearing for the

petitioner, 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 affidavits filed by

the respondents 3 to 5, this Court will be justified in terminating the

proceedings.

5. I have heard the learned Public Prosecutor.

6. I have gone through the Annexure-A1 final report and

Annexure-A2 judgment of acquittal rendered by the court below. It is borne

out from Annexure-A2 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 232 of the Code. As held by a three-Judge Bench of

this Court in Moosa v. Sub Inspector of Police (2006 (1) KLT 552),

[(2019) 5 SCC 688]

(2012) 10 SCC 303

2014 (6) SCC 466

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.

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

directing the petitioner 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 affidavits filed by the de facto complainants.

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.

8. Resultantly, this petition is allowed. Annexure-A1 final report in

Crime No. 76 of 2011 of the Perinthalmanna Police Station and all further

proceedings pursuant thereto against the petitioner now pending as

C.C.No.662/2022 on the file of the Judicial Magistrate of First Class I,

Perinthalmanna , are quashed.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE Sru

APPENDIX OF CRL.MC 4065/2023

PETITIONERS ANNEXURES Annexure A1 CERTIFIED COPY OF THE FINAL REPORT IN CC NO.

662/2022 ON THE FILE OF THE HON'BLE JUDICIAL MAGISTRATE OF FIRST-CLASS-I, PERINTHALMANNA, MALAPPURAM.

Annexure A2 COPY OF THE JUDGMENT DATED 30/11/2013 IN C.C.

NO. 316/2011 ON THE FILE OF THE HON'BLE JUDICIAL MAGISTRATE OF FIRST-CLASS-I, PERINTHALMANNA, MALAPPURAM.

Annexure A3 COPY OF THE ORDER DATED 11/07/16 IN CRL MC NO. 1939/16 OF THIS HON'BLE COURT.

Annexure A4 COPY OF THE AFFIDAVIT SWORN IN BY THE 3RD RESPONDENT/INJURED PERSON.

Annexure A5 COPY OF THE AFFIDAVIT SWORN IN BY THE 4TH RESPONDENT/INJURED PERSON.

Annexure A6 COPY OF THE AFFIDAVIT SWORN IN BY THE 5TH RESPONDENT/INJURED PERSON.