Kerala High Court
Shyla Beevi vs State Of Kerala on 30 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
CRL.MC NO. 7647 OF 2024
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2024:KER:81583
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA, 1946
CRL.MC NO. 7647 OF 2024
CRIME NO.197/2003 OF Kollam West Police Station, Kollam
CC NO.138 OF 2018 OF JUDICIAL MAGISTRATE OF FIRST
CLASS - II, KOLLAM
PETITIONER/ ACCUSED NO.7 :
SHYLA BEEVI
AGED 44 YEARS, CHARUVILAKATHU VEEDU,
KAROOR, VALAVUPACHA,
CHITHARA, KOLLAM,
PIN - 691 559
BY ADVS.
MANSOOR.B.H.
SAKEENA BEEGUM
RESPONDENT/ STATE & COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682 031
2 STATION HOUSE OFFICER
KOLLAM WEST POLICE STATION,
KOLLAM, PIN - 691 013
SMT. SREEJA V., PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 7647 OF 2024
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BECHU KURIAN THOMAS, J.
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Crl.M.C.No.7647 of 2024
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Dated this the 30th day of October, 2024
ORDER
Petitioner was the 7th accused in Crime No.197 of 2003 of
Kollam West Police Station. He seeks to quash the proceedings now
pending against him as C.C.No.138 of 2018 before the Judicial First Class
Magistrate's Court-II, Kollam, seeking benefit of acquittal of co-accused.
2. According to the prosecution, the accused had on
02.09.2003, trespassed into the Kollam District Panchayat Office and
prevented the employees from discharging their duties and thereby
committed the offences under Sections 143, 147, 188, 448 and 353 r/w
Section 149 of the Indian Penal Code, 1860.
3. Initially, the cognizance was taken as C.C.No.1492 of 2004.
However, since A6 and A7 had absconded, the case against them was
split up and re-filed as C.C.No.2241 of 2007. In the trial in C.C.No.1492
of 2004, all the accused, i.e. A1 to A5 and A8 to A10 were acquitted on
27.09.2007. Thereafter, petitioner as the 7 th accused again absconded
and therefore C.C.No.2241 of 2007 proceeded only against the 6 th
accused. After trial, the said accused was also acquitted as per judgment
dated 2112.2012.
4. In the judgment of acquittal of A1 to A5 and A8 to A10, apart
from A6, it has been observed that the versions of PW4 and PW5 were
CRL.MC NO. 7647 OF 2024
2024:KER:81583
contradictory to each other and that the prosecution had even failed to
produce the main witnesses despite coercive steps and further that from
the available evidence, prosecution could not prove the commission of the
offences alleged against the accused.
5. Considering the lapse of time as well as the nature of
evidence adduced by the prosecution, I am satisfied that no purpose
would be achieved by continuing the prosecution against the petitioner as
the substratum of the prosecution case has been destroyed.
Accordingly, the proceedings against the petitioner in
C.C.No.138 of 2018 before the Judicial First Class Magistrate's Court-II,
Kollam, arising out of Crime No.197 of 2003 of Kollam West Police
Station is hereby quashed.
The Crl.M.C.is allowed.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
CRL.MC NO. 7647 OF 2024
2024:KER:81583
PETITIONER'S ANNEXURES :
Annexure A CERTIFIED COPY OF THE FINAL REPORT ALONG
WITH FIR IN CRIME NO.197/2003 OF KOLLAM
WEST POLICE STATION
Annexure B CERTIFIED COPY OF THE JUDGMENT DATED
21/12/2012 IN C.C 2241/2007 OF COURT OF
JUDICIAL FIRST CLASS MAGISTRATE-II, KOLLAM
