Kerala High Court
Jaffar Ali vs The State Of Kerala on 21 November, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Crl.M.C. No.4443 of 2019
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 21ST DAY OF NOVEMBER 2024 / 30TH KARTHIKA, 1946
CRL.MC NO. 4443 OF 2019
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.80
OF 2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II
(FOREST OFFENCES), MANJERI
PETITIONER/ACCUSED:
JAFFAR ALI
AGED 38 YEARS, S/O. ASSAIN, THALARUPPIN
HOUSE, ADDORAPARAMBU, CHEEKKODE AMSOM,
MALAPPURAM DISTRICT.
BY ADVS.
ARUN ASHOK
SMT.NEENA JAMES
RESPONDENTS/STATE OF KERALA AND THE COMPLAINANT:
1 THE STATE OF KERALA
REP. BY THE SUB INSPECTOR OF POLICE,
VAZHAKKAD POLICE STATION, THROUGH THE
PUBLIC PROSECUTOR, HIGH COURT OF KERALA
AT ERNAKULAM-682 031
2 SAJEEM ALI,
AGED 31, S/O. K.V. MUHAMMED, KUZHIMULLY
THADAYIL HOUSE, CHERUVAYOOR P.O, KONDOTTY
TALUK, MALAPPURAM DISTRICT, PIN-673 645
Crl.M.C. No.4443 of 2019
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3 KHADEEJA,
AGED 62, W/O. K.V. MUHAMMED, KUZHIMULLY
THADAYIL HOUSE, CHERUVAYOOR P.O, KONDOTTY
TALUK, MALAPPURAM DISTRICT, PIN-673 645
4 K.V. MUHAMMED,
AGED 67, S/O. MOOSA, KUZHIMULLY THADAYIL
HOUSE, CHERUVAYOOR P.O, ERNAD TALUK,
MALAPPURAM DISTRICT, PIN-673 645
BY ADV.:
SRI.RENJITH.T.R, SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 21.11.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Crl.M.C. No.4443 of 2019
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P.V.KUNHIKRISHNAN, J.
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Crl.M.C. No.4443 of 2019
--------------------------------------------
Dated this the 21st day of November, 2024
ORDER
This Criminal Miscellaneous Case is filed to
quash the proceedings in CC No.80/2018 on the file
of Judicial First Class Magistrate Court (Forest
Offences)-II, Manjeri, arising from Crime No.204/2012
of Vazhakkad Police Station. The above case is
charge sheeted against the petitioner and others
alleging offences punishable under Sections 143,
147, 148, 447, 323, 324 r/w 149 of IPC.
2. One of the accused (A2) faced trial and as
per Annexure-III judgment, the trial court acquitted
him. In the light of the same, the continuation of
prosecution against the petitioner is not necessary, is
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the submission.
3. Heard the learned counsel appearing for
the petitioner and the learned Public Prosecutor.
4. This Court perused Annexure-III judgment.
It will be better to extract the relevant portion of
Annexure-III judgment:
7. Point Nos. 1 to 5:- PW1 is the defacto
complainant. PW1 adduced evidence that on
9.5.12 at 9.p.m. he sustained injuries. Ext.P1 is
the F.I.Statement given by PW1 to the police. He
could not identify the accused who caused injuries
to him. He further deposed that the matter stands
settled between the parties and he has no further
grievance. PW2 is the mother of PW1. She also
deposed in the same tune of PW1. They turned
hostile to the prosecution and further deposed
that the matter stands settled between the
parties. PW3 to PW5 are the occurrence witnesses
cited by the prosecution. They turned hostile to
the prosecution. Since all the material witnesses
turned hostile to the prosecution, the learned
Assistant Public Prosecutor given up the remaining
witnesses. There is no evidence to connect the
accused with the crime. In the above
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circumstances, I can only find that the prosecution
has miserably failed to prove the guilt of the
accused alleged against him and these points are
found against the prosecution."
5. In the light of the above finding, the
continuation of prosecution against the petitioner will
be an abuse of process of court and judicial waste of
time.
Therefore, this Criminal Miscellaneous Case is
allowed. All further proceedings against the
petitioner alone in CC No.80/2018 on the file of
Judicial First Class Magistrate Court (Forest
Offences)-II, Manjeri, arising from Crime No.204/2012
of Vazhakkad Police Station are quashed.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
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PETITIONER ANNEXURES
ANNEXURE I CERTIFIED COPY OF THE FIR IN CRIME
NO. 204 OF 2012 OF THE VAZHAKKAD
POLICE STATION DATED 13.05.2012.
ANNEXURE II CERTIFIED COPY OF THE FINAL REPORT
SUBMITTED IN FIR NO. 204 OF 2012 ON
THE FILE OF THE JUDICIAL 1ST CLASS
MAGISTRATE COURT (FOREST OFFENCES)-
II, MANJERI DATED 29.06.2012.
ANNEXURE III CERTIFIED COPY OF THE JUDGMENT IN
C.C. NO. 159 OF 2017 ON THE FILE OF
THE JUDICIAL FIRST CLASS MAGISTRATE
COURT (FOREST OFFENCES)-II, MANJERI
DATED 18.09.2017.
ANNEXURE IV CERTIFIED COPY OF THE DEPOSITION OF
PW1 IN C.C. NO. 159 OF 2017 DATED
14.09.2017.
ANNEXURE V CERTIFIED COPY OF THE DEPOSITION OF
PW2 IN C.C. NO. 159 OF 2017 DATED
14.09.2017.
ANNEXURE VI CERTIFIED COPY OF THE DEPOSITION OF
PW3 IN C.C. NO. 159 OF 2017 DATED
14.09.2017.
ANNEXURE VII CERTIFIED COPY OF THE DEPOSITION OF
PW4 IN C.C. NO. 159 OF 2017 DATED
14.09.2017.
ANNEXURE VIII CERTIFIED COPY OF THE DEPOSITION
PW5 DATED 14.09.2017 IN C.C. NO.
159 OF 2017 DATED 14.09.2017.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
