Kerala High Court
Cheruvar Ashukosh @ Asuthosh C.V vs State Of Kerala on 1 November, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:81226
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
CRL.MC NO. 8396 OF 2024
CRIME NO.253/2008 OF MANJERI POLICE STATION, MALAPPURAM
IN CC NO.411 OF 2021 OF CHIEF JUDICIAL MAGISTRATE ,MANJERI
PETITIONER/ACCUSED:
CHERUVAR ASHUKOSH @ ASUTHOSH C.V
AGED 45 YEARS
S/O RAMACHANDRAN,
ATHIRA HOUSE, KIZHAKKE MANNADI,
KOVILAKAM KUNDU, MANJERI P.O., ERANAD TALUK,
MALAPPURAM DISTRICT, PIN - 676121
BY ADVS.
NINEEP K.
C.MOHAMMED MUSTHAFA
D.ARUN BOSE
RESPONDENTS/STATE & DEFACTO COMPLAINANT/CW1, CW2 & CW3:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 M. SASIDHARAN
AGED 54 YEARS
S/O. MADHU,
THE THEN SUB INSPECTOR OF POLICE,
MANJERI POLICE STATION,
MANJERI AMSOM AND DESOM, ERANAD TALUK,
MALAPPURAM DISTRICT, PIN - 676121
3 HIDAYATHULLA MAMBRA
AGED 56 YEARS
S/O. ALI M,
THE THEN SUB INSPECTOR OF POLICE,
MANJERI POLICE STATION,
RESIDING AT VALAMBOOR AMSOM AND DESOM,
PERINTHALMANNA TALUK,
MALAPPURAM DISTRICT, PIN - 679325
2024:KER:81226
Crl.M.C.No.8396 of 2024
-:2:-
4 SHANTHA
AGED 50 YEARS
D/O. NADIKUTTY,
THE THEN WOMEN POLICE CONSTABLE NO.3946,
AREEKODE POLICE STATION,
RESIDING AT MUTHUVALLUR AMSOM AND DESOM,
KONDOTTY TALUK,
MALAPPURAM DISTRICT, PIN - 673638
BY ADV. SREEJA V.
PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.11.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2024:KER:81226
Crl.M.C.No.8396 of 2024
-:3:-
BECHU KURIAN THOMAS, J.
---------------------------------------
Crl.M.C.No.8396 of 2024
---------------------------------------
Dated this the 1st day of November, 2024
ORDER
Petitioner was the sixth accused in C.C.No.292/2009 on the files of
the Chief Judicial Magistrate Court, Manjeri, which arose out of Crime
No.253/2008 of Manjeri Police Station. During the trial of the aforesaid
case, petitioner had absconded, and therefore, the case against him was
split up and renumbered as C.C.No.411/2021. In the meantime, trial
proceeded against the remaining accused, and they were acquitted by
judgment dated 25.06.2013. Petitioner seeks the benefit of acquittal of the
co-accused.
2. Prosecution alleges that, on 05.04.2008, the accused formed
themselves into an unlawful assembly with weapons in front of a shop, after
indulging in a riot, and attacked the Police Officers who were on duty and
caused hurt to CW2 and CW3 by pelting stones, while some of the other
accused destroyed a camera and the wind glass of Police jeep and caused
damages of Rs.5,500/-, and thereby committed the offences under Sections
143, 147, 148, 353, 332 and 427 r/w Section 149 of the Indian Penal Code,
1860.
3. I have heard Sri. Nineep.K., the learned counsel for the
petitioner and Smt. Sreeja.V., thel learned Public Prosecutor.
4. On a reading of the judgment of acquittal of the co-accused, it
2024:KER:81226
is noticed that the learned Chief Judicial Magistrate had come to a finding
that the prosecution could not prove that the assembly formed by the
accused was unlawful or that they had assembled to commit any act
described under Section 141 of IPC. The aforesaid finding goes to the root
of the prosecution case against all the accused including the petitioner.
When the assembly was not unlawful, the substratum of the prosecution
case against the petitioner has also been destroyed, and no purpose would
be achieved by continuing the prosecution.
5. Accordingly proceedings against the petitioner now pending as
C.C.No.411/2021 on the files of the Chief Judicial Magistrate Court, Manjeri,
arising out of Crime No.253/2008, as against the petitioner is hereby
quashed.
The criminal miscellaneous case is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Jka/01.11.24.
2024:KER:81226
PETITIONER'S ANNEXURES
Annexure A1 CERTIFIED COPY OF THE F.I.R. NO.253/2008
DATED 05.04.2008 OF MANJERI POLICE STATION,
MALAPPURAM DISTRICT, NOW PENDING ON THE
FILES OF THE HONOURABLE JUDICIAL FIRST
CLASS MAGISTRATE COURT, MALAPPURAM AS
Annexure A2 CERTIFIED COPY OF THE FINAL REPORT DATED
31.05.2009 IN C.C.NO.411/2021 NOW PENDING
ON THE FILES OF THE HONOURABLE CHIEF
JUDICIAL MAGISTRATE COURT, MANJERI
Annexure A3 CERTIFIED COPY OF THE JUDGMENT DATED
25.06.2013 IN C.C.NO.292/2009 PASSED BY THE
HONOURABLE CHIEF JUDICIAL MAGISTRATE COURT,
MANJERI
