Kerala High Court
Shefeek vs State Of Kerala on 21 May, 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
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
CRL.MC NO. 1521 OF 2024
CRIME NO.1007/2011 OF PATHANAPURAM POLICE STATION, KOLLAM
IN CC NO.173 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST
CLASS -II(FOREST OFFENCES),PUNALUR
PETITIONERS/ACCUSED NOS. 3, 4 & 8:
1 SHEFEEK
AGED 35 YEARS
S/O THAJUDEEN,
SHANAVAS MANZIL, MANJALOOR MURI,
PATHANAPURAM, KOLLAM DISTRICT, PIN - 689695
2 AMEER
AGED 31 YEARS
S/O ABDUL MAJEED,
AMEER MANZIL, MANJALOOR MURI,
PATHANAPURAM, KOLLAM DISTRICT, PIN - 689695
3 SIJI
AGED 41 YEARS
S/O SHEELA S,
KOKKOTTU VEEDU, MANJALOOR MURI,
PATHANAPURAM, KOLLAM DISTRICT, PIN - 689695
BY ADVS.
M.T.SURESHKUMAR
MANJUSHA K
SREELAKSHMI SABU
Crl.M.C.No.1521 of 2024
-:2:-
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV.
ASHI.M.C
PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.1521 of 2024
-:3:-
BECHU KURIAN THOMAS, J.
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Crl.M.C. No.1521 of 2024
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Dated this the 21st day of May, 2024
ORDER
Petitioners were accused Nos. 3, 4 and 8 in C.C.No.499/2013 on the
files of the Judicial First Class Magistrate Court-II (Forest Offences), Punalur.
As many as eleven persons were arrayed as accused in Crime
No.1007/2011 of Pathanapuram Police Station. However, during trial,
petitioners had absconded, and therefore, the case against them was split
up and the remaining accused were tried. By judgment dated 05.04.2023,
all accused except the petitioners were acquitted. Petitioners are now
being prosecuted in C.C.No.173/2023 before the same court. Through this
petition under Section 482 of Cr.P.C, they seek the benefit of acquittal of
the co-accused in C.C.No.499/2013.
2. According to the prosecution, on 20.09.2011, eleven accused,
who were SFI workers had, in prosecution of their common object, formed
themselves into an unlawful assembly and restrained a KSRTC bus going to
Pathanamthitta, and broke the front right side headlight of the bus using a
stick, causing a loss of Rs.1,000/- and also prevented CW1 from
discharging his duty and thereby committed the offences alleged.
3. I have heard Sri. M.T.Suresh Kumar, the learned counsel for the
petitioners and Sri. Ashi.M.C, the learned Public Prosecutor.
4. On a perusal of the judgment of acquittal of all the accused other
than the petitioners, it is noticed that the learned Magistrate had observed
that the scene mahazar in the case was prepared six hours prior to the
incident and also that the driver and the conductor of the bus had not
specifically stated the names of any of the accused nor were they able to
identify the accused who were on trial. It was also noticed that no broken
glass pieces of the headlight of the bus were recovered during
investigation. Even the Inspector of the KSRTC Depot who had received
the bus had not stated anything about the condition of the vehicle when it
was received by him.
5. Considering the nature of allegations, the above findings are
crucial. In an incident in which the scene mahazar was prepared six hours
prior to the incident, as observed by the learned Magistrate, I am
convinced that the very substratum of the prosecution case has been
destroyed and no purpose would be achieved by continuing the
prosecution. Even in the trial against the petitioners, the finding regarding
the scene mahazar will stare at the face of the prosecution. Therefore,
this is a fit case where the prosecution against the petitioners can be
quashed on the basis of the acquittal of the co-accused.
6. Accordingly, the proceedings against the petitioner in
C.C.No.173/203 on the files of the Judicial First Class Magistrate Court-II
(Forest Offences), Punalur, arising out of Crime No.1007/2011 of
Pathanapuram Police Station, is hereby quashed.
Criminal miscellaneous case is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Jka/21.05.24
PETITIONER'S ANNEXURES
Annexure A1 TRUE COPY OF THE JUDGMENT DATED 25-4-2023
IN CC NO. 499 OF 2013 ON THE FILE OF THE
JUDICIAL FIRST CLASS MAGISTRATE COURT-II
(FOREST OFFENCES) PUNALUR
Annexure A2 TRUE COPY OF FIR IN CRIME NO. 1007 OF 2011
OF PATHANAPURAM POLICE STATION DATED 20-9-
Annexure A3 TRUE COPY OF THE FINAL REPORT IN CC NO.
811 OF 2011 BEFORE THE JUDICIAL FIRST-
CLASS MAGISTRATE COURT -III, PUNALUR DATED
6-11-2011
Annexure A4 TRUE COPY OF THE DEPOSITION GIVEN BY PW1
Annexure A5 TRUE COPY OF THE DEPOSITION GIVEN BY PW2
Annexure A6 TRUE COPY OF THE DEPOSITION GIVEN BY PW3
Annexure A7 TRUE COPY OF THE DEPOSITION GIVEN BY PW4
Annexure A8 TRUE COPY OF THE DEPOSITION GIVEN BY PW7
Annexure A9 TRUE COPY OF THE DEPOSITION GIVEN BY PW5
Annexure A10 TRUE COPY OF THE SCENE MAHAZER
Annexure A11 TRUE COPY OF THE DEPOSITION GIVEN BY PW6
