Kerala High Court
Jahfar N vs State Of Kerala on 13 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:70144
CRL.MC NO. 7710 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
CRL.MC NO. 7710 OF 2024
CRIME NO.260/1999 OF NILAMBUR POLICE STATION, MALAPPURAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.944 OF 2017 OF
JUDICIAL MAGISTRATE OF FIRST CLASS, NILAMBUR
............................................
PETITIONER/ACCUSED NO.3 (ORIGINAL ACCUSED NO.36) :
JAHFAR N, AGED 49 YEARS
S/O.MUHAMMED, NADUTHODIKA HOUSE,
POOKKOTTUMPADAM, NILAMBUR,
MALAPPURAM DISTRICT, PIN - 679 332.
BY ADV BABU S. NAIR
RESPONDENT/STATE & COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, KOCHI, PIN - 682 031.
2 THE STATION HOUSE OFFICER
NILAMBUR POLICE STATION,
MALAPPURAM DISTRICT, PIN - 679 329
SMT. SREEJA V (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13.09.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 7710 OF 2024
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BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.7710 of 2024
...................................................
Dated this the 13th day of September, 2024
ORDER
Petitioner was the 36th accused in C.C.No.402/2002 on the files of the
Judicial First Class Magistrate Court, Nilambur; which arose out of Crime
No.260/1999 of Nilambur Police Station, Malappuram. Since many of the
accused, including the petitioner had absconded, the case against them
was split up, and the trial continued against the remaining accused.
2. By judgment dated 13.03.2006, those accused, who faced trial were
acquitted; while case against the petitioner and the remaining accused
was split up and renumbered as C.C.No.105/2006 before the same court.
In the said proceedings also, petitioner absconded and the case
proceeded against the remaining accused. Those accused who faced trial
were also acquitted by judgment dated 31.10.2011. Thereafter, the case
against the petitioner herein was re-numbered as C.C.No.944/2017, in
which petitioner was arrayed as the 3 rd accused. Petitioner seeks the
benefit of acquittal of the co-accused.
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CRL.MC NO. 7710 OF 2024
3. Prosecution alleges that on 28.06.1999, the accused persons formed
themselves into an unlawful assembly and committed rioting, armed with
deadly weapons and also destroyed a camera, causing a loss of
Rs.1,500/- thereby committing the offences punishable under Sections
143, 147, 148, 332, 324, 326, 427, 188 r/w Section 149 of the Indian
Penal Code, 1860 apart from Section 3(i) of the Prevention of Damage to
Public Property Act, 1984.
4. I have heard Sri.Babu S. Nair, the learned counsel for the petitioner as
well as Smt.Sreeja V., the learned Public Prosecutor.
5. On a reading of the judgment of acquittal of the co-accused in
C.C.No.402/2002 and C.C.No.105/2006, I am satisfied that the
substratum of the prosecution case has been destroyed. The trial court
has, in those two cases, observed that the identity of the accused
persons were not properly proved since more than 300 persons had
assembled in front of the police station and picking out 37 persons out
of that mob is not credible, especially in the absence of any test
identification parade. The findings in the aforesaid two judgments, go to
the root of the prosecution case and the benefit of doubt given to other
accused ought to be extended to the petitioner as well.
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6. Accordingly, the proceeding against the petitioner in C.C.No.944/2017 on
the files of the Judicial First Class Magistrate Court, Nilambur, arising
out of Crime No.260/1999 of Nilambur Police Station, is an abuse of the
process of the court and is hereby quashed.
Crl.M.C. is allowed.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/13/09/2024
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CRL.MC NO. 7710 OF 2024
PETITIONER ANNEXURES
ANNEXURE A CERTIFIED COPY OF THE MEMORANDUM OF EVIDENCE
ALONG WITH CHARGE AND STATEMENT OF THE
WITNESSES IN CRIME NO.160/1999 OF THE
NILAMBUR POLICE STATION
ANNEXURE B CERTIFIED COPY OF THE JUDGMENT OF THE
J.F.C.M., NILAMBUR IN C.C.NO.402/2002 DATED
13-3-2006
ANNEXURE C CERTIFIED COPY OF THE JUDGMENT IN
C.C.NO.105/2006 OF THE J.F.C.M., NILAMBUR
DATED 31-10-2011
