Kerala High Court
Praveesh. K vs State Of Kerala on 6 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
CRL.MC NO. 6921 OF 2024 1
2024:KER:68189
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
CRL.MC NO. 6921 OF 2024
CRIME NO.1464/2011 OF KANNUR TOWN POLICE STATION, KANNUR
IN SC NO.95 OF 2019 OF ASSISTANT SESSIONS COURT,
KANNUR
PETITIONERS/ACCUSED 1 TO 5:
1 PRAVEESH. K.
AGED 31 YEARS
S/O PRADEPAN, KOYYAN HOUSE, PAPPINISSERI P. O,
AROLI, KANNUR, PIN - 670561
2 SHAJAR. M.
AGED 36 YEARS
S/O MUHAMMED KUNHI, KOLOTH HOUSE, PURAKKUNNU P.
O, MATHAMANGALAM, KANNUR, PIN - 670306
3 SARIN SASI
AGED 37 YEARS
S/O SASI, PATTUVAN HOUSE, VELLUR, PAYYANNUR,
KANNUR, PIN - 670307
4 JINESH
AGED 33 YEARS
JINESH, S/O SAJEEVAN,CV HOUSE, ANDOOR, THALIYIL
P. O, KANNUR, PIN - 670563
5 SHAMSUDHEEN
AGED 33 YEARS
SHAMSUDHEEN, S/O MUHAMMED, THARAL HOUSE,
PADIYOOR P. O, KANNUR, PIN - 670703
BY ADVS.
ADHIL P.
SHABEER ALI MOHAMED
CRL.MC NO. 6921 OF 2024 2
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RESPONDENTS/STATE AND INVESTIGATING OFFICER:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER
KANNUR TOWN POLICE STATION, SP OFFICE RD,
THAVAKKARA, KANNUR, KERALA, PIN - 670002
OTHER PRESENT:
SRI. C.N. PRABHAKARAN (PP)
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD
ON 06.09.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO. 6921 OF 2024 3
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BECHU KURIAN THOMAS , J.
------------------------------
CRL.MC NO.6921 OF 2024
------------------------------
Dated this the 06th day of September 2024
ORDER
The petitioners are the accused no.1 to 5 in
S.C.No.95/2019 on the files of Assistant Sessions Court,
Kannur which arises out of Crime No.1464 of 2011 of Kannur
Town Police Station. Initially, the petitioners were arrayed as
accused 9,17,18,24 and 25 in the aforesaid crime. However,
since they had absconded, case against some of the other
accused proceeded pursuant to committal to the Sessions
Court.
2. While so, the prosecutor filed an application
to withdraw the prosecution and by judgment dated
31.10.2017, the prosecution was withdrawn in respect of 16 of
the accused. Thereafter, the 22nd accused in the original crime
approached this Court seeking to quash the proceedings
against him, pointing out that, the withdrawal of the
prosecution was permitted in its entirety and since he had
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absconded during the proceedings, his case was not
withdrawn. By order dated 07.06.2022, a learned Single Judge
of this Court quashed the proceedings against the original 22 nd
accused who was then being prosecuted as the 2 nd accused in
C.P. 28/2021 on the files of Judicial First Class Magistrate-I,
Kannur.
3. Petitioners who were, as mentioned earlier,
arrayed in the original Final Report as accused 9,17,18,24 and
25 have now been committed to the Sessions Court and is
being proceeded against in S.C. No.95/2019 before the
Assistants Sessions Court, Kannur. They challenge the
proceedings stating that, the trial against them also ought to
have been withdrawn in view of the Government's decision to
withdraw the case as projected through the prosecutor before
the trial Court in S.C.720/2014. It is further stated that , the
uncontroverted allegations in the Final Report also would not
bring out any of the offence committed by the petitioners,
since, there is a total absence of any material to identify
petitioners as any of the accused.
4. I have heard Sri.Adhil.P. the learned counsel
for the petitioners as well as Sri.C.N.Prabhakaran the learned
Public Prosecutor.
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5. In the order dated 07.06.2022 in
Crl.M.C.No.702 of 2022, learned Single Judge of this Court
had observed as follows:-
"3. The learned Public Prosecutor submits that the
decision was taken by the Government to withdraw
the prosecution in its entirety. It is discernible from
Annexure-3 that the prayer for withdrawing the
prosecution was permitted by the Assistant Sessions
Judge, Kannur, in S.C.No.720/2014. As the
prosecution against the main accused persons were
permitted to be withdrawn, the chances of successful
prosecution against the petitioner are very bleak.
Moreover, it is admitted that the Government has
accorded sanction to withdraw the case in its entirety.
In such circumstances, I do not find any justifiable
reason to continue the prosecution against the
petitioner, who is the 22nd accused in the said crime."
6. The aforesaid findings having become final
and those lipso facto apply to the petitioners. If prosecution
against the original 22nd accused cannot continue on account of
the withdrawal of prosecution by the State, necessarily, the
said benefit has to be extended to the petitioners. In such
circumstances, I am of the view that, the prosecution against
the petitioners is only to be quashed.
7. Accordingly all proceedings in
S.C.NO.95/2019 on the files of Assistant Sessions Court,
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Kannur arising out of Crime No.1464 of 2011 of Kannur Town
Police Station as against the petitioners are hereby quashed.
The Crl.M.C is allowed.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Anu
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PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF FIRST
INFORMATION REPORT IN CRIME NO. 1464
OF 2011 OF KANNUR TOWN POLICE STATION
DATED 11.10.2011
Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT
FILED IN CRIME NO. 1464 OF 2011 OF
KANNUR TOWN POLICE STATION DATED
07.12.2012
Annexure A3 THE CERTIFIED COPY OF THE APPLICATION
UNDER SECTION 321 OF CR.PC SUBMITTED
BY THE ADDITIONAL PUBLIC PROSECUTOR
DATED 22.7.2017
Annexure A4 THE CERTIFIED COPY OF THE ORDER IN
OF 2014 DATED 31.10.2017 OF THE
ASSISTANT SESSIONS COURT, KANNUR
Annexure A5 THE CERTIFIED COPY OF THE JUDGMENT IN
SC NO. 720 OF 2014 DATED 31.10.2017 OF
THE ASSISTANT SESSIONS COURT, KANNUR
Annexure A6 THE TRUE COPY OF THE ORDER IN CRL. M.
C. NO. 702 OF 2022 DATED 07.06.2022 OF
THIS HON'BLE COURT
Annexure A7 THE CERTIFIED COPY OF MEMO OF EVIDENCE
IN CRIME NO. 1464 OF 2011 OF KANNUR
TOWN POLICE STATION DATED 07.12.2012
Annexure A8 THE CERTIFIED COPY OF WITNESS
STATEMENTS IN CRIME NO. 1464 OF 2011
OF KANNUR TOWN POLICE STATION DATED
VARIOUS DATES
Annexure A9 THE CERTIFIED COPY OF WOUND
CERTIFICATE OF THE DEFACTO COMPLAINANT
IN CRIME NO. 1464 OF 2011 OF KANNUR
TOWN POLICE STATION DATED 11.10.2011
Annexure A10 THE CERTIFIED COPY OF SCENE MAHAZAR IN
CRIME NO. 1464 OF 2011 OF KANNUR TOWN
POLICE STATION DATED 12.10.2011
