Kerala High Court
Muneer V.P vs State Of Kerala on 27 March, 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 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
CRL.MC NO. 1962 OF 2024
CRIME NO.34/1997 OF Peringome Police Station, Kannur
CC NO.296 OF 2005 OF JUDICIAL MAGISTRATE OF FIRST CLASS, PAYYANNUR
PETITIONERS/6TH ACCUSED:
MUNEER V.P
AGED 54 YEARS
S/O AHAMMED, THRIKKARIPUR SOUTH,
KASARGODE DISTRICT, PIN - 671311.
BY ADVS.
M.ANUROOP
MURSHID ALI M.
ABRAHAM RAJU CYRIAC
RESPONDENTS/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
SRI. M.C. ASHI, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
27.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 1962 OF 2024
2
BECHU KURIAN THOMAS, J.
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Crl.M.C.No.1962 of 2024
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Dated this the 27th day of March, 2024
ORDER
Petitioner is the 6th accused in C.C.No.296 of 2005 on the files of
the Judicial First Class Magistrate's Court, Payyannur arising out of Crime
No.34 of 1997 of Peringome Police Station, Kannur. Petitioner claims
extension of the benefit of acquittal of the co-accused.
2. According to the prosecution, on 04.02.1997 at 10.40 hours,
the accused in furtherance of their common intention to cause hurt to
CW2 were found in a car bearing Registration No.KL-11-A-7857 under
suspicious circumstances, possessing iron rods and knife and thereby
committed the offences under Section 20 r/w Section 27 of the Arms Act,
1959.
3. Since the petitioner remained elusive during trial, proceedings
against accused 2 and 3 continued and by judgment dated 31.3.2025,
both those accused were acquitted.
4. I have heard sri.M.Anuroop, the learned counsel for the
petitioner as well as Sri.M.C.Ashi, the learned Public Prosecutor.
CRL.MC NO. 1962 OF 2024
5. A perusal of the judgment of acquittal of accused 2 and 3
reveals that the prosecution had failed to prove that the accused were
carrying the weapons in the car. The trial court came to the conclusion
that the prosecution had not succeeded in proving that it was the accused
who were carrying weapons in the car and in the absence of any
affirmative evidence regarding the possession of the weapons, the
accused were entitled to be given the benefit of reasonable doubt.
6. The reasoning given by the learned Magistrate while acquitting
accused 2 and 3 are applicable with equal force to the petitioner since he
was also allegedly travelling in the same car. No appeal has been
preferred against the judgment dated 31.03.2005 in C.C.No.362 of 2001
on the files of the Judicial First Class Magistrate's Court, Payyannur. The
incident is of the year 1997. No serious offence is alleged to have been
committed by the accused except that they were found in possession of
certain arms. The arms allegedly possessed by them are stated to be
iron rods and knives.
7. Having regard to the above circumstances, I am of the view that
the proceedings against the petitioner at this distance of time and in the
light of the findings arrived at in C.C.No.362 of 2001 would amount to an
abuse of process of the court. Accordingly, I am of the view that this is a
fit case where the benefit of acquittal of co-accused can be extended to
the petitioner as well.
CRL.MC NO. 1962 OF 2024
In view of the above, all proceedings against the petitioner in
C.C.No.362 of 2001 on the files of the Judicial First Class Magistrate's
Court, Payyannur is hereby quashed.
The Crl.M.C.is allowed as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
CRL.MC NO. 1962 OF 2024
PETITIONER'S ANNEXURES :
Annexure -A1 CERTIFIED COPY OF THE FIR & FIS IN CRIME
NO. 34/1997 OF PERINGOME POLICE STATION
DATED 04-02-1997
Annexure -A2 CERTIFIED COPY OF THE FINAL REPORT IN CC
NO. 362/2001 OF HON'BLE JUDICIAL FIRST
CLASS MAGISTRATE COURT, PAYYANUR DATED
15-04-1997
Annexure -A3 TRUE COPY OF THE JUDGMENT IN CC NO.
362/2001 DATED ON 31-03-2005 ON THE FILES
OF JUDICIAL FIRST CLASS MAGISTRATE COURT
PAYYANNUR.
