Kerala High Court
Muhammed P vs State Of Kerala on 7 November, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:83462
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. 7913 OF 2024
CRIME NO.1986/2016 OF KANNUR TOWN POLICE STATION, KANNUR
IN CC NO.358 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST
CLASS -I, KANNUR
PETITIONERS/ACCUSED NO.8:
MUHAMMED P
AGED 28 YEARS
S/O ISMAIL,PANOLIL HOUSE,
KADUVATHUR P.O, KANNUR, PIN - 670676
BY ADVS.
D.FEROZE
T.S.KRISHNENDU
JANET VARGHESE
ADARSH A.
RESPONDENT/COMPLAINANT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
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:83462
Crl.M.C. No.7913 of 2024
-:2:-
BECHU KURIAN THOMAS, J.
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Crl.M.C. No.7913 of 2024
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Dated this the 7th day of November, 2024
ORDER
Petitioner is the 8th accused in C.C.No.2597/2016 on the files
of the Judicial First Class Magistrate Court-I, Kannur, which arose out of
Crime No.1986/2016 of Kannur Town Police Station. The accused were
prosecuted for the offences under Sections 143, 147, 283, 448, and 342
r/w Section 34 of the Indian Penal Code, 1860 apart from Section 117(e)
of the Kerala Police Act, 2011. During the course of trial, petitioner and
another accused absconded and the trial proceeded against the
remaining accused. By judgment dated 20.04.2023, accused Nos.1 to 6
and 9 to 20 were acquitted. Petitioner seeks the benefit of acquittal of
the co-accused. Since the petitioner was absconding, the case against
him was split up and renumbered as C.C.No.358/2023.
2. According to the prosecution, on 30.08.2016, accused
formed themselves into an unlawful assembly and trespassed into the
office of the de facto complainant and after confining three persons,
obstructed the employees and other public from entering into the office
of the de facto complainant, and also obstructed the police officers from
2024:KER:83462
discharging their duty, and thereby committed the offences alleged.
3. I have heard Sri.D.Feroze, the learned counsel for the
petitioner as well as Sri.Noushad K.A., the learned Public prosecutor.
4. In the judgment of acquittal of the co-accused, the learned
Magistrate disbelieved the arrest of 20 accused persons allegedly from
the scene of occurrence. It was also held that the prosecution had failed
to establish that the accused had committed the offences alleged
against them. On a reading of the entire judgment of acquittal of
co-accused, it is evident that the prosecution had failed to prove the
common object of the unlawful assembly as well as the arrest of the
accused, which in fact destroyed the very substratum of the
prosecution case even as against the petitioner. In such a view of the
matter, no purpose would be served by continuing the prosecution
against the petitioner.
5. Hence, proceedings against the petitioner sin
C.C.No.358/2023 on the files of the Judicial First Class Magistrate
Court-I, Kannur, arising out of Crime No.1986/2016 of Kannur Town
Police Station, is an abuse of the process of the court and is liable to be
quashed.
6. Accordingly, the proceeding against the petitioner in
C.C.No.358/2023 on the files of the Judicial First Class Magistrate
Court-I, Kannur, arising out of Crime No.1986/2016 of Kannur Town
2024:KER:83462
Police Station, is hereby quashed.
The criminal miscellaneous case is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Jka/07.11.24.
2024:KER:83462
PETITIONER ANNEXURES
Annexure 1 A TRUE COPY OF THE JUDGEMENT DATED
20.04.2023 IN CC 2597/2016 PASSED BY THE
JUDICIAL FIRST CLASS MAGISTRATE COURT-I,
KANNUR.
Annexure 2 CERTIFIED COPY OF THE FINAL REPORT IN CC
NO. 358/2023 PENDING BEFORE THE JUDICIAL
FIRST CLASS MAGISTRATE COURT-I, KANNUR.
Annexure 3 A TRUE COPY OF THE ORDER DATED
24.05.2024 IN CRL. MC NO. 3174/2024.
