Kerala High Court
Ansil vs State Of Kerala on 3 January, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 3RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945
CRL.MC NO. 10491 OF 2023
CRIME NO.47/2007 OF Punnapra Police Station, Alappuzha
AGAINST THE ORDER/JUDGMENT CC 841/2021 OF JUDICIAL MAGISTRATE OF
FIRST CLASS ,AMBALAPUZHA
PETITIONERS:
1 ANSIL
AGED 34 YEARS
S/O.AFSAL, KATTUMPURAM HOUSE, WARD NO.8,
PUNNAPRAPANCHAYATH, ALAPUZHA DISTRICT, PIN - 688004
2 SHIHAB
AGED 36 YEARS
S/O.ABOOBACKER, PALLIVELI HOUSE, WARD NO.10, PUNNAPRA
PANCHAYATH, ALAPUZHA DISTRICT, PIN - 688004
BY ADVS.
E.A.HARIS
M.A.AHAMMAD SAHEER
MUHAMMED YASIL
S.SETHU LEKSHMI
RESPONDENTS:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
OTHER PRESENT:
SRI. C.S. HRITHWIK (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.01.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 10491 OF 2023
2
BECHU KURIAN THOMAS, J.
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Crl.M.C. No.10491 of 2023
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Dated this the 3rd day of January, 2024
ORDER
Petitioners are accused Nos. 8 and 9 in C.C.No.357/2017 on
the files of the Judicial First Class Magistrate's Court,
Ambalappuzha. The aforesaid case was split up and petitioners are
now arrayed as accused 1 and 2 in C.C.No.841/2021 before the said
Court itself and are indicted for the offences under Section 143,
147, 294(b) and 153(A) r/w Section 149 of the Indian Penal Code,
1860.
2. Petitioners allege that all accused in C.C.No.357/2017
other than the petitioners have been acquitted by judgment dated
03-12-2021 by the learned Magistrate, and hence no purpose would
be achieved by the proceedings pending against the petitioners in
C.C.No.841/2021. Since the acquittal of the co-accused has
destroyed the substratum of the prosecution case, petitioners'
contend that they are entitled to the benefit of the said acquittal.
3. According to the prosecution, on 12-02-2007 at about
5:30pm, the accused formed themselves into an unlawful assembly
and, in pursuance of their common object, led a procession through
a public road and shouted abusive words against the Hindu
CRL.MC NO. 10491 OF 2023
Community with the intention to provoke communal disharmony
and thereby committed the offences punishable under Sections 143,
147, 294(b) and 153(A) r/w Section 149 of the IPC.
4. Sri. E.A Haris, the learned counsel for the petitioner,
contended that the prosecution could not prove any of the
allegations during the trial against the accused 1 to 7 and 10 to 12
and they are acquitted. However the case against petitioners' as
accused 8 and 9 was split up as they were not in station. According
to the counsel petitioners' stand on the same footing as that of the
other accused and hence the benefit of the acquittal of the co-
accused ought to be extended to the petitioners as well. It was
further pointed out that merely because the crime against the
petitioners was split up, the same need not unnecessarily burden
the trial Court with a prolonged trial, especially since the other
accused have already been acquitted.
5. Sri.C.Hrithwik, the learned Public Prosecutor opposed the
petition and submitted that the nature of the acquittal as recorded
in the judgment in Annexure-A2 could reveal that the prosecution
had failed to prove the case beyond reasonable doubt leading to the
acquittal. The benefit of such an acquittal cannot be extended to
the petitioners since the prosecution would be at liberty to adduce
sufficient evidence to prove the guilt of the petitioners.
6. I have considered the rival contentions.
CRL.MC NO. 10491 OF 2023
7. The evidence of PW-1 to PW-3 who have been cited by the
prosecution as charge witnesses in the final report as independent
eyewitnesses, had stated that they had not seen the incident.
Therefore, none of the independent eyewitnesses included by the
prosecution as eye witnesses have witnessed the incident. Since the
independent eyewitnesses had not seen the incident, the
prosecution will not be able to prove the case against the petitioners
as well. The evidence adduced and the judgment of the trial Court
in C.C.No. 357/2017 has destroyed the very substratum of the
prosecution case against the petitioners as well.
8. Therefore, I find that the petitioners ought to be accorded
the benefit of acquittal of the remaining accused in view of the
impossibility of the prosecution proving its allegations against the
petitioners.
9. Hence, all further proceedings in C.C.No.841/2021 on the
files of the Judicial First Class Magistrate's Court, Ambalappuzha
arising out of Crime No.47/2017 of Punnapra Police Station as
against the petitioners shall stand quashed.
The Criminal Miscellaneous case is allowed.
BECHU KURIAN THOMAS
JUDGE
AJM/4/1/24
CRL.MC NO. 10491 OF 2023
APPENDIX OF CRL.MC 10491/2023
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE FINAL
REPORT IN C.C.NO.841/2021 ON THE
FILES OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, AMBALAPUZHA
Annexure A2 THE TRUE COPY OF THE JUDGMENT DATED
03-12-2021 IN C.C.357/2017 OF THE
JUDICIAL FIRST CLASS MAGISTRATE
COURT, AMBALAPUZHA
Annexure A3 THE TRUE COPY OF THE DEPOSITION OF
OF JUDICIAL FIRST CLASS MAGISTRATE
COURT, AMBALAPUZHA
Annexure A4 THE TRUE COPY OF THE DEPOSITION OF
OF JUDICIAL FIRST CLASS MAGISTRATE
COURT, AMBALAPUZHA
Annexure A5 THE TRUE COPY OF THE DEPOSITION OF
OF JUDICIAL FIRST CLASS MAGISTRATE
COURT, AMBALAPUZHA
