Kerala High Court
Saleem @ Abdul Saleem vs State Of Kerala on 1 November, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Crl.M.C. No.2517 of 2019
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2024:KER:81084
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
CRL.MC NO. 2517 OF 2019
AGAINST LP NO.71 OF 2018 IN C.C.NO.478/2017 ON
THE FILE OF THE JUDICIAL MAGISTRATE OF FIRST CLASS -
IV, KOZHIKODE ARISING OUT OF CRIME NO.268/2013 OF
NADAKKAVU POLICE STATION, KOZHIKODE
PETITIONER/ACCUSED:
SALEEM @ ABDUL SALEEM
AGED 32 YEARS
S/O. HANEEFA, VADAKKEPURATH HOUSE,
THIRUVATHIRA P.O, CHAVAKKAD, THRISSUR
DISTRICT, PIN-680 516
BY ADV. K.P.SUDHEER
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM, REPRESENTING SUB
INSPECTOR OF POLICE, NADAKKAVU POLICE
STATION, KOZHIKODE DISTRICT, PIN-673 006
BY ADV.
SRI.RENJITH T.R., SENIOR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 01.11.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Crl.M.C. No.2517 of 2019
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P.V.KUNHIKRISHNAN, J.
--------------------------------
Crl.M.C. No.2517 of 2019
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Dated this the 01st day of November, 2024
ORDER
This Criminal Miscellaneous Case is filed to quash the
proceedings in L.P. No.71/2018 in C.C. No.478/2017 on the
file of the Judicial First Class Magistrate Court-IV,
Kozhikode arising from Crime No.268/2013 of Nadakkavu
Police Station, Kozhikode District. It is a prosecution
initiated against the petitioner and others alleging offences
punishable under Sections 143, 147, 341, 323, 506(ii) r/w
149 IPC.
2. As per Annexure-A3 judgment, accused Nos.1, 2
and 5 were acquitted. Thereafter the 3rd accused
approached this Court and as per Annexure-A4 order, this
Court quashed the proceedings against the 3 rd accused
also. Hence this Crl.M.C. is filed to quash the proceedings
2024:KER:81084
against the petitioner who is the 4th accused in the above
case.
3. Heard the learned counsel appearing for the
petitioner and the learned Public Prosecutor.
4. This Court perused Annexures-A3 and A4. The
trial court after considering the entire evidence, acquitted
the accused who faced trial. It will be better to extract the
relevant portion of Annexure-A3 judgment:
"10. The allegation in Ext.P1 is that the third
accused caught hold of the collar of the shirt of worn
by PW1 and hit on the abdomen of PW1. It is further
stated in Ext.P1 that the accused beat PW1, 2 and
CW2 on their head and back side. Though PW1
stated that the third accused hit on his abdomen,
PW2 has no such case. PW1 stated that there was
swelling on his face due to the hit by the accused.
The documents produced by the prosecution to
prove that PW1 and 2 sustained injuries in the
alleged incident are Ext.P4 series certificates. As
already stated, the specific case of PW1 is that the
third accused hit on his abdomen. In cross-
examination, he stated that he sustained injury on
his head. No corresponding injury was noted by PW7
doctor in Ext.P4 series certificates. What is stated in
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Ext.P4 is that PW7 treated PW1 on 29-04-2013 for
injury on chest. Hence the testimony of PW1 is
contradictory to the testimony of PW7 and the
contents of Ext.P4."
5. Moreover, this Court also perused Annexure-A4
order by which the proceedings against the 3rd accused was
quashed. Considering the facts and circumstances of the
case, I am of the considered opinion that the continuation
of the proceedings against the petitioner alone is an abuse
of the process of court and a judicial waste of time.
Therefore, this Criminal Miscellaneous Case is
allowed. All further proceedings against the petitioner in
L.P. No.71/2018 in C.C. No.478/2017 on the file of the
Judicial First Class Magistrate Court-IV, Kozhikode arising
from Crime No.268/2013 of Nadakkavu Police Station,
Kozhikode District are quashed.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
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PETITIONER ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF THE FIRST
INFORMATION REPORT DATED 02.05.2013
IN CRIME NO. 268/2013 OF NADAKKAVU
POLICE STATION.
ANNEXURE A2 CERTIFIED COPY OF FINAL REPORT DATED
7.6.2013 IN CRIME NO. 268/2013 OF
NADAKKAVU POLICE STATION.
ANNEXURE A3 CERTIFIED COPY OF JUDGMENT DATED
9.11.2017 IN C.C. NO. 930/2013
PASSED BY JUDICIAL FIRST CLASS
MAGISTATE'S COURT-IV, KOZHIKODE.
ANNEXURE A4 CERTIFIED COPY OF ORDER DATED
5.10.2018 IN CRL.M.C. NO. 6612/2018
PASSED BY THIS HON'BLE COURT.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
