Kerala High Court
Khader A vs State Of Kerala on 3 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:73521
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
CRL.MC NO. 6685 OF 2024
CRIME NO.14/2014 OF Chandera Police Station, Kasargod
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1292 OF
2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,HOSDRUG
PETITIONER/SIXTH ACCUSED:
KHADER A
AGED 34 YEARS
S/O.E.K.KHALID HAJEE, RESIDING AT SAFIYA
MANZIL, PAYYANKI, CHERUVATHUR VILLAGE,
KASARAGOD DISTRICT, PIN - 671 313.
BY ADVS.
T.MADHU
C.R.SARADAMANI
RENJISH S. MENON
VRINDA T.S.
AISWARYA JAYAPAL
RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 THE STATION HOUSE OFFICER
CHANDERA POLICE STATION, KASARAGOD DISTRICT,
PIN - 671 310.
SRI. NOUSHAD K. A. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No. 6685 of 2024
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BECHU KURIAN THOMAS, J
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Crl.M.C.No.6685 of 2024
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Dated this the 3rd day of October, 2024
ORDER
Petitioner was the 6th accused in C.C.No.1741/2014 on the
files of Judicial First Class Magistrate Court-I, Hosdurg. The said
case arises out of Crime No.14/2014 of Chandera Police Station,
Kasaragod. During the trial of the above case, petitioner had
absconded and therefore the case against him was split up while
that against the remaining accused proceeded and they were
acquitted by judgment dated 09.12.2020. Petitioner seeks the
benefit of acquittal of co-accused.
2. The prosecution alleged that on 05.01.2014 the accused
had formed themselves into an unlawful assembly and when the
defacto complainant was trying to arrest the 1 st accused pursuant
to a non-bailable warrant issued by the Sessions Court, all the
accused prevented such an arrest and in prosecution of their
common object to commit rioting deterred PW1 from discharging
his official duty and thereby committing the offences under Section
143, 147, 224, 225 and 353 read with Section 149 of the Indian
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Penal Code, 1860.
3. I have heard Sri.T.Madhu, the learned counsel for the
petitioner as well as Sri., Noushad K.A., the learned Public
Prosecutor.
4. On a reading of the judgment of acquittal of accused
Nos.1 to 5 in C.C.No.1741/2014, this Court notices that the
learned Magistrate had come to the conclusion that there was no
material produced by the prosecution to arrive at a conclusion that
PWs 1 and 2 were doing their official duty at the relevant time. It
is further observed that, the alleged non-bailable warrant was not
produced and that such non-production was fatal to the case of
the prosecution.
5. The findings in the judgment of acquittal of co-accused
in fact destroys the very substratum of the prosecution case
against the petitioner as well and therefore no purpose will be
achieved by continuing the prosecution. I am satisfied that
proceedings against the petitioner now pending as
C.C.No.1292/2020 on the files of Judicial First Class Magistrate
Court, Hosdurg is an abuse of process of Court.
6. Accordingly all proceedings in C.C.No.1292/2020 on
the files of Judicial First Class Magistrate Court, Hosdurg arising
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out of crime No.14/2014 of Chandera Police Station, Kasaragod is
hereby quashed.
This Criminal Miscellaneous Case is allowed as above.
Sd/-
BECHU KURIAN THOMAS
SCB JUDGE
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PETITIONER ANNEXURES
Annexure-A1 THE CERTIFIED COPY OF THE FIR DATED
5/1/2014 IN CRIME NO.14/2014 OF CHANDERA
POLICE STATION; KASARAGOD DISTRICT.
Annexure-A2 THE CERTIFIED COPY OF THE FINAL REPORT
DATED 27/5/2014 IN CRIME NO.14/2014 OF
CHANDERA POLICE STATION; KASARAGOD
DISTRICT.
Annexure-A3 THE CERTIFIED COPY OF THE JUDGMENT DATED
9/12/2020 IN C.C.NO.1741/2014 ON THE
FILES OF THE LEARNED JUDICIAL FIRST CLASS
MAGISTRATE'S COURT-I, HOSDURG.
