Muhammed Hasfak N A vs State Of Kerala
2024 Latest Caselaw 31969 Ker

Kerala High Court

Muhammed Hasfak N A vs State Of Kerala on 7 November, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

                                                  2024:KER:83273



           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946
                      CRL.MC NO. 8645 OF 2024
  CRIME NO.460/2018 OF VIDYA NAGAR POLICE STATION, KASARGOD
         IN CC NO.242 OF 2023 OF CHIEF JUDICIAL MAGISTRATE,
                             KASARAGOD

PETITIONERS/ACCUSED 6-8:

    1     MUHAMMED HASFAK N A
          AGED 28 YEARS
          S/O ABDULLA KUNHI NA MANZIL
          KOLIYADUKKAM PERUMBALA VILLAGE,
          KASARGODE-, PIN - 671317

    2     ABOOBACKER SIDDIQ KZ
          AGED 27 YEARS
          S/O SAINUDIN KA,
          PALLIKKAL HOUSE, ARABGHOOR,
          KASARGODE-, PIN - 671121

    3     MOHAMMED HARSHAD
          AGED 25 YEARS
          S/O JABBAR,
          THAYAVALAPPU HOUSE,
          OLIYATHADUKKA, RAHMATH NAGAR,
          SHIRIBAGILU, KASARGODE-, PIN - 671124

          BY ADVS.
          P.E.SAJAL
          AJAS K.S.


RESPONDENTS/STATE & DEFACTO COMPLAINANT:

          STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, PIN - 682031
                                                             2024:KER:83273

Crl.M.C. No.8645 of 2024
                                     -:2:-

             BY ADV. NOUSHAD K. A,
             PUBLIC PROSECUTOR
          THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON   07.11.2024,       THE   COURT   ON      THE   SAME   DAY   PASSED   THE
FOLLOWING:
                                                            2024:KER:83273

Crl.M.C. No.8645 of 2024
                                    -:3:-




                      BECHU KURIAN THOMAS, J.
                     ---------------------------------------
                        Crl.M.C. No.8645 of 2024
                     ---------------------------------------
                 Dated this the 7th day of November, 2024


                                  ORDER

Petitioners were accused Nos. 6 to 8 in C.C.No.167/2019 on the

files of the Chief Judicial Magistrate Court, Kasaragod, which arose out of

Crime No.460/2018 of Vidyanagar Police Station. During the trial of the

case, accused absconded. Therefore, the case against them was split up,

and the remaining accused were tried. By judgment dated 29.02.2024,

all other accused were acquitted. Petitioner seeks the benefit of acquittal

of co-accused. The case against the petitioners is now pending as

C.C.No.242/2023 on the files of the Chief judicial Magistrate Court,

Kasaragod.

2. According to the prosecution, the accused had, on

24.10.2018, formed themselves into an unlawful assembly armed with

weapons such as sticks and stones, and after restraining a bus of the

LBS College driven by the defacto complainant, pelted stones, thereby

destroying glass windows of the bus and injured CW1 to CW5 and

caused a loss of Rs.42,000/- to the college, thereby committing the

offences under Sections 143, 147, 148, 341, 324 and 427 r/w Section 2024:KER:83273

149 of the Indian Penal Code, 1860, apart from Section 3(1) of the

Prevention of Damage to Public Property Act, 1984.

3. I have heard Sri. P.E.Sajal, the learned counsel for the

petitioner and Sri. Noushad.K.A., the learned Public Prosecutor.

4. On a reading of the judgment of acquittal of the co-accused

of the petitioners, it is noticed that the trial court came to the conclusion

that neither is there any evidence to connect the accused with the

alleged offence nor has their identity been proved. Even the valuation

certificate to prove the quantum of damage was also not brought in

evidence. The trial court, after appreciating the entire evidence, came to

the conclusion that no witnesses were injured in an attack by a mob, and

there is no evidence to connect the accused with the crime.

5. Considering the nature of evidence adduced by the

prosecution, this Court is of the view that the trial against the petitioners

will be an exercise in futility, as no other evidence would be brought

other than what is already on record. It is an indication that the

substratum of the prosecution case against the petitioners has been

destroyed, and therefore, no purpose would be achieved by continuing

the prosecution. Hence, I am satisfied that this is a fit case where the

inherent powers under Section 528 of the Bharatiya Nagarik Suraksha

Sanhita, 2023 ought to be exercised to quash the proceedings.

6. Accordingly, proceedings against the petitioners in 2024:KER:83273

C.C.No.242/2023 on the files of the Chief judicial Magistrate Court,

Kasaragod, arising out of Crime No.460/2018 of Vidyanagar Police

Station, is hereby quashed.

The criminal miscellaneous case is allowed as above.

Sd/-

BECHU KURIAN THOMAS JUDGE Jka/07.11.24.

2024:KER:83273

PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO 460/2018 OF VIDYANAGAR POLICE STATION.

Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN C.C NO.167/2019 ON THE FILES OF THE CHIEF JUDICIAL MAGISTRATE COURT, KASARGODE DATED 18.12.2018.

Annexure A3 CERTIFIED COPY OF THE JUDGMENT OF THE CHIEF JUDICIAL MAGISTRATE COURT DATED 29.02.2024.