Kerala High Court
Abdul Riswan vs State Of Kerala on 7 November, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:83432
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. 8609 OF 2024
CRIME NO.59/2008 OF MANJESWAR POLICE STATION, KASARGOD
IN CC NO.903 OF 2018 OF JUDICIAL MAGISTRATE OF FIRST
CLASS -II, KASARAGOD
PETITIONERS/ACCUSED NOS. 1 AND 2:
1 ABDUL RISWAN
AGED 38 YEARS
SON OF HAMEED,AMBIKANNAM HOUSE,
PAIVALIKE, PAIVALIKE GRAMAM,
KASARAGOD DISTRICT, PIN - 671322
2 MUHAMMED ASHARAF
AGED 50 YEARS
SON OF YUSUFF,
FIRDHOUSE MANZIL HOUSE,
PAIVALIKE, PAIVALIKE GRAMAM,
KASARAGOD DISTRICT, PIN - 671322
BY ADVS.
C.C.ANOOP
R.ANAS MUHAMMED SHAMNAD
RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER
MANJESHWAR POLICE STATION
KASARAGOD DISTRICT, PIN - 671323
BY ADV.SREEJA V (pp)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 07.11.2024, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
2024:KER:83432
Crl.M.C. No.8609 of 2024
-:2:-
BECHU KURIAN THOMAS, J.
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Crl.M.C. No.8609 of 2024
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Dated this the 7th day of November, 2024
ORDER
Petitioners are accused Nos. 5 and 6 in Crime No.59/2008 of
Manjeswar Police Station. They were initially prosecuted in
C.C.No.588/2008 on the files of the Chief Judicial Magistrate Court,
Kasaragod. However, during trial of the case, they absconded, and
therefore, the remaining accused were proceeded against. By judgment
dated 07.12.2010, except the petitioners, all others were acquitted, and
the case against petitioners was split up and refiled as
C.C.No.824/2010. Later, the said case was transferred to the Judicial
First Class Magistrate Court-II, Kasaragod, and renumbered as
C.C.No.903/2018. Petitioners seek to quash the aforesaid proceedings
claiming the benefit of acquittal of co-accused.
2. According to the prosecution, on 16.02.2008, the accused
had formed themselves into an unlawful assembly at Baikatta in
Paivalike Village in prosecution of their common object and committed
rioting, armed with deadly weapons and restrained CW1 and CW2 and
caused simple hurt to them, and thereby committed the offences under
Sections 143, 147, 148, 341 and 324 r/w Section 149 of the Indian Penal
Code, 1860.
2024:KER:83432
3. I have heard Sri. C.C.Anoop, the learned counsel for the
petitioner and Smt. Sreeja.V., the learned Public Prosecutor.
4. On a reading of the judgment of acquittal of the co-accused
in C.C.No.588/2008 on the files of the Chief Judicial Magistrate Court,
Kasaragod, it is noticed that the witnesses, including the injured
persons had no case that the accused caused injury to them. It was
further stated that they had settled the dispute with the accused, and in
fact, the prosecution had even given up the remaining witnesses.
5. In view of the nature of evidence adduced and the findings
arrived at by the trial court in C.C.No.588/2008, I am of the view that no
purpose would be achieved by continuing the prosecution. The
substratum of the prosecution case against the petitioner has been
destroyed.
6. Accordingly, proceedings in C.C.No.903/2018 on the files
of the Judicial First Class Magistrate Court-II, Kasaragod, as against the
petitioners, is hereby quashed.
The criminal miscellaneous case is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Jka/07.11.24.
2024:KER:83432
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE FIRST
INFORMATION REPORT IN CRIME NO.
59/2008AT MANJESHWAR POLICE STATION.
Annexure A2 THE CERTIFIED COPY OF THE CHARGE SHEET
IN CRIME NO. 59/2008 AT MANJESHWAR
POLICE STATION.
Annexure A3 THE TRUE COPY OF THE DEPOSITION OF PW1
IN C.C. 588/2008 OF CHIEF JUDICIAL
MAGISTRATE COURT, KASARAGOD.
Annexure A4 THE TRUE COPY OF THE DEPOSITION OF PW2
IN C.C. 588/2008 OF CHIEF JUDICIAL
MAGISTRATE COURT, KASARAGOD.
Annexure A5 THE TRUE COPY OF THE DEPOSITION OF PW3
IN C.C. 588/2008 OF CHIEF JUDICIAL
MAGISTRATE COURT, KASARAGOD.
Annexure A6 THE TRUE COPY OF THE DEPOSITION OF PW4
IN C.C. 588/2008 OF CHIEF JUDICIAL
MAGISTRATE COURT, KASARAGOD.
Annexure A7 THE TRUE COPY OF THE JUDGMENT DATED
07.12.2010 IN C.C.588/2008 HON'BLE CHIEF
JUDICIAL MAGISTRATE COURT, KASARAGOD.
Annexure A8 THE TRUE COPY OF THE DAILY CASE STATUS
OF C.C. NO. 903/2018 ON THE FILE OF THE
JUDICIAL FIRST CLASS MAGISTRATE COURT-
II, KASARAGOD.
