Abdul Shukoor A vs State Of Kerala
2024 Latest Caselaw 11813 Ker

Kerala High Court

Abdul Shukoor A vs State Of Kerala on 30 April, 2024

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE G.GIRISH
   TUESDAY, THE 30TH DAY OF APRIL 2024 / 10TH VAISAKHA, 1946
                       CRL.MC NO.2226 OF 2024
    CRIME NO.364/2016 OF KARIPUR POLICE STATION, Malappuram
   LP NO.24 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I,
                               MANJERI
                          -----------------
PETITIONER/ACCUSED No.3 :-

          ABDUL SHUKOOR A, AGED 32 YEARS
          S/O. ABDUL KAREEM, ALUNGAL HOUSE, KODOTTY POST,
          MALAPPURAM DISTRICT, PIN - 673 638

          BY ADV E.C.AHAMED FAZIL


RESPONDENT/STATE - COMPLAINANT :-

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, PIN - 682 031

    2     THE STATION HOUSE OFFICER, KARIPPUR
          KARIPPUR POLICE STATION, KARIPPUR POST,
          MALAPPURAM DISTRICT, PIN - 673 638


OTHER PRESENT:

          SRI. NOUSHAD. K. A - SR. PP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO.2226 OF 2024

                                   -: 2 :-


                              ORDER

Dated this the 30th day of April, 2024

The 3rd accused in Crime No.364/2016 of Karipur Police

Station has filed this petition under Section 482 of the Code of

Criminal Procedure for quashing Annexure A1 final report and C.C.

No.1273/2020 pending before the Judicial First Class Magistrate

Court-I, Manjeri in connection with the above case.

2. Heard the learned counsel for the petitioner and the

learned Public Prosecutor representing the respondents.

3. It is seen from Annexure A2 judgment of the Judicial First

Class Magistrate-I, Manjeri that accused Nos.1, 2, 4, 5 and 6 who

faced trial in respect of the same charge got an honorary acquittal

due to the reason that prosecution could not establish the charge in

the evidence adduced. It is observed in paragraph 4 of the said

judgment that all the witnesses examined by the prosecution as

PW1 to PW4 turned hostile, and for the said reason, the

examination of the accused therein under Section 313 Cr.P.C. had to

be dispensed with by the trial court.

4. It appears from the above facts and circumstances of the

case that the continuance of the trial of C.C. No.1273/2020 as

against the present petitioner/accused No.3 could not serve any CRL.MC NO.2226 OF 2024

purpose. It is also necessary to avoid the wastage of precious

judicial time and therefore, the proceedings as against the present

petitioner has to be terminated.

In the result, the petition stands allowed. All

proceedings as against the petitioner pursuant to Annexure A1 final

report and the case presently pending before the Judicial First Class

Magistrate Court-I, Manjeri as C.C. No.1273/2020 stand quashed.

Sd/-

G. GIRISH, JUDGE

Jvt/30.4.2024 CRL.MC NO.2226 OF 2024

PETITIONER ANNEXURES :-

Annexure A1 CERTIFIED COPY OF THE FINAL REPORT DATED 06.01.2017 IN CRIME NO. 364 OF 2016 OF KARIPPUR POLICE STATION, MALAPPURAM DISTRICT ALONG WITH MEMORANDUM OF EVIDENCE DATED NIL Annexure A2 TRUE COPY OF THE JUDGMENT DATED 23.01.2020 IN CC NO. 85 OF 2017 PASSED BY JUDICIAL FIRST CLASS MAGISTRATE COURT-I, MANJERI