Kerala High Court
Kabeerkutty vs State Of Kerala on 23 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
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
CRL.MC NO. 3732 OF 2024
CRIME NO.400/2007 OF Chadayamanagalam Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.237 OF 2021 OF ASSISTANT
SESSIONS COURT/SUB COURT/COMMERCIAL COURT,KOTTARAKKARA
PETITIONER/ACCUSED:
KABEERKUTTY
AGED 37 YEARS
S/O.HAMEED RAWTHER, KARIKKATHIL HOUSE, VELLOORI MURI,
NILAMEL VILLAGE, KOLLAM DISTRICT, PIN - 691535
BY ADVS.
M.A.AHAMMAD SAHEER
E.A.HARIS
MUHAMMED YASIL
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
OTHER PRESENT:
ASHI M.C (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 3732 OF 2024
2
BECHU KURIAN THOMAS, J.
-----------------------------------------
Crl.M.C.No. 3732 of 2024
----------------------------------------
Dated this the 23rd day of May, 2024
ORDER
Petitioner seeks to quash the proceedings in S.C.No.
237/2021 pending before the Assistant Sessions Court,
Kottarakkara arising out of Crime No.400/2007 of
Chadayamangalam.
2. Originally, there were six accused in Crime
No.400/2007 and five of them were committed to the
Sessions Court numbered as S.C.No.899/2009. During the
course of trial, petitioner, who was the 4 th accused,
absconded. Therefore, the case against him was split up
while that against accused Nos. 1, 3, 5 and 6, continued.
By judgment dated 22-12-2020 all those accused were
acquitted in S.C.No.899/2009. Petitioner seeks the benefit
of acquittal of co-accused, through this petition under
Section 482 Cr.P.C.
3. According to the prosecution, the accused had, on
22-11-2007, formed themselves into an unlawful assembly
CRL.MC NO. 3732 OF 2024
and attacked the defacto complainant and thereby
committed the offences under Section 143, 147, 148, 427,
323, 305 and 308 r/w Section 149 of the Indian Penal
Code, 1860.
4. I have heard Sri. Ahammad Saheer M.A., the
learned counsel for the petitioner as well as Sri.Ashi.M.C.,
the learned Public Prosecutor.
5. In the trial against accused Nos. 1, 3 5 and 6 in
S.C.No.899/2009, the defacto complainant- the injured,
while examined as PW-1, identified the 3rd accused as the
petitioner. That was a case of mistaken identity since the
defacto complainant failed to identify the accused and the
remaining independent witnesses turned hostile to the
prosecution, the trial court held that the prosecution had
failed to establish the commission of offences as alleged.
6. Since the identity of the 3rd accused was not
proved by the prosecution and the witness identified him
as the petitioner, the case against the petitioner have no
legs to stand. Considering the nature of evidence adduced
by the prosecution in S.C.No.899/2009; and on a reading
of the judgment in the said case, it is, evident that the
CRL.MC NO. 3732 OF 2024
substratum of the prosecution case as against the
petitioner has been destroyed and no purpose would be
achieved by continuing the said prosecution.
7. Accordingly, all proceedings in S.C.No. 237/2021
pending before the Assistant Sessions Court, Kottarakkara
arising out of Crime No.400/20007 of Chadayamangalam
are hereby quashed.
The Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJM
CRL.MC NO. 3732 OF 2024
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE FINAL
REPORT IN S.C.NO.237/2021 ON THE
FILES OF THE ASST-SESSIONS COURT,
KOTTARAKARA
Annexure A2 THE TRUE COPY OF THE JUDGMENT DATED
22-12-2020 IN S.C.899/2009 OF THE
HON'BLE ASS-SESSIONS COURT,
KOTTARAKARA
