Kerala High Court
Jamsheer vs State Of Kerala on 10 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:75472
CRL.MC NO. 7078 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
CRL.MC NO. 7078 OF 2024
CRIME NO.53/2015 OF CHOMBALA POLICE STATION, KOZHIKODE
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.654 OF 2022 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,VADAKARA
PETITIONER/ACCUSED/ORIGINALLY ACCUSED NO.2:
JAMSHEER, AGED 31 YEARS
S/O., MUHAMMED,
AYITTAVALAPPIL HOUSE, MAHE POST,
POOZHITHALA, AZHIYUR AMSOM,
KANNUR, PIN - 673 310.
BY ADVS.
E.A.HARIS
M.A.AHAMMAD SAHEER
MUHAMMED YASIL
RESPONDENT/STATE/COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 STATION HOUSE OFFICER
CHOMBALA POLICE STATION , (CRIME NO.53/2015),
KOZHIKKODE, PIN - 673 309.
SMT. SREEJA V (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 7078 OF 2024
2
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.7078 of 2024
...................................................
Dated this the 10th day of October, 2024
ORDER
Petitioner was the second accused in C.C.No.1008/2015 on the files
of the Judicial First Class Magistrate Court-I, Vadakara. Since he
had absconded during trial, case against him was split up and it is
now pending as C.C.No.654/2022 before the same court. In the
meantime, the remaining two accused were proceeded against and
by judgment dated 27.08.2022, the learned Magistrate acquitted
those accused. Petitioner seeks the benefit of acquittal of the co-
accused.
2. According to the prosecution, the accused had on 25.02.2015 in
furtherance of their common intention, trespassed into the office of
CW1 and gave provocation to destroy the office board with an intent
to disturb the peaceful atmosphere between the two political parties
and thereby committed the offences punishable under Sections 451,
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CRL.MC NO. 7078 OF 2024
153 r/w Section 34 of the Indian Penal Code, 1860.
3. I have heard Sri.E.A.Haris, the learned counsel for the petitioner as
well as Smt.Sreeja V., the learned Public Prosecutor as well.
4. On a perusal of the judgment of acquittal of accused 1 and 3, this
Court notices that the prosecutor had given up all witnesses other
than PW1, who was the Police Officer, who had recorded the First
Information Statement. The de facto complainant and the
occurrence witnesses could not be procured, despite proceedings
initiated under Section 82 of Cr.P.C. It clearly indicates that they
were not interested to prosecute the matter.
5. Having regard to the nature of offences alleged and also the inability
of the prosecution to adduce sufficient evidence to bring home the
guilt of accused 1 and 3 in C.C.No.1008/2015 on the files of the
Judicial First Class Magistrate Court-I, Vadakara, I am of the view
that the substratum of the prosecution case as against the petitioner
has also been destroyed, and no purpose would be achieved by
continuing the prosecution against him as well.
6. Accordingly, all proceedings against the petitioner in
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CRL.MC NO. 7078 OF 2024
C.C.No.654/2022 on the files of the Judicial First Class Magistrate
Court-I, Vadakara, arising out of Crime No.53/2015 of Chombala
Police Station, is hereby quashed.
The Crl.M.C.is allowed as above
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/10/10/2024
2024:KER:75472
CRL.MC NO. 7078 OF 2024
PETITIONER ANNEXURES
ANNEXURE-A1 A TRUE COPY OF THE FIR DATED 25.02.2015 IN
CRIME NO.53/2015 OF CHOMBALA POLICE
STATION
ANNEXURE-A2 A TRUE COPY OF THE FINAL REPORT DATED
23.04.2015 IN CRIME NO.53/2015 OF CHOMBALA
POLICE STATION
ANNEXURE-A3 A TRUE COPY OF THE MEMO OF EVIDENCE
ANNEXURE-A4 A TRUE COPY OF THE 161 STATEMENT OF THE
WITNESS
ANNEXURE-A5 A CERTIFIED COPY OF THE JUDGMENT DATED
27.08.2022 IN C.C. NO. 1008 OF 2015 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT-I,
VADAKARA
