Jamal vs State Of Kerala
2023 Latest Caselaw 5868 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                 THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
              Wednesday, the 24th day of May 2023 / 3rd Jyaishta, 1945
                              CRL.MC NO. 1269 OF 2023

CRIME NO.408/2008 OF Kolavallur Police Station, Kannur


LP 24/2016 COURT OF CHIEF JUDICIAL MAGISTRATE ,THALASSERY, KANNUR

  PETITIONER/8TH ACCUSED:

       JAMAL AGED 35 YEARS S/O THARUVAI, KUNDANCHERI HOUSE, UMMATHUR,
       CHEKKIAD AMSOM , UMMATHUR DESOM, PARAKKADAV, VATAKARA TALUK , PIN -
       673509

  RESPONDENTS/STATE & COMPLAINANT:

     1. STATE OF KERALA REPRESENTED PUBLIC PROCECUTOR, HIGH COURT OF KERALA,
        KOCHIN, PIN - 682031
     2. STATION HOUSE OFFICER KOLAVALLUR POLICE SATITION, KANNUR DISTRICT ,
        PIN - 670693


       This    CRL.MC coming on for admission upon perusing the petition and

  upon hearing the arguments of M/S.SHARAN SHAHIER,RAKHY BABY,Advocates for

  the petitioner and of PUBLIC PROSECUTOR for the respondents, the

  court passed the following:


                                                                         P.T.O.
                        RAJA VIJAYARAGHAVAN V, J.
                      -------------------------------------
                       Crl. M.C. No. 1269 of 2023
                   -------------------------------------------
                   Dated this the 24th day of May, 2023


                                    ORDER

The petitioner has approached this Court seeking to quash all further

proceedings in L.P. No. 24/2016 on the file of Chief Judicial Magistrate,

Thalassery.

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

petitioner, submits that as the petitioner failed to appear, the case against

accused Nos. 2,3,4,7, and 9 were split up and proceeded with. After

evaluation of the entire evidence, the learned Chief Judicial Magistrate

passed an order of acquittal on 19.12.2015. Later, the 1st accused

surrendered, and he was also acquitted of all charges by judgment dated

22.11.2022 in C.C. No. 633/2019. According to the learned counsel, in view

of the law laid down in Moosa v. Sub Inspector of Police [2006 (1) KLJ

349], when the substratum of the case is gone, this Court will be well

justified in quashing the proceedings.

Crl.M.C No.1269 of 2023

Having regard to the fact that the case against the petitioner has

been included in the long pending register, there will be a direction to the

petitioner to surrender before the learned Chief Judicial Magistrate and

regularise the proceedings. If the petitioner surrenders as directed within a

period of two weeks and files an application for bail, the learned Chief

Judicial Magistrate shall consider and an order shall be passed on the same

day. While considering the application, the fact that all other accused have

been acquitted and also that the proceedings for quashing the proceedings

on the ground of acquittal of the co-accused is pending before this Court

shall be considered by the learned Chief Judicial Magistrate.

Sd/-

                                               RAJA VIJAYARAGHAVAN V,
                                                       JUDGE
      avs




24-05-2023                      /True Copy/                            Assistant Registrar