Kerala High Court
Noufal vs State Of Kerala on 14 July, 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
MONDAY, THE 14TH DAY OF JULY 2025 / 23RD ASHADHA, 1947
CRL.MC NO. 149 OF 2024
CRIME NO.654/2004 OF Kondotty Police Station, Malappuram
AGAINST THE ORDER/JUDGMENT DATED IN LP NO.22 OF 2015 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II (FOREST OFFENCES), MANJERI
PETITIONER/ACCUSED 15 AND 16:
1 NOUFAL
AGED 39 YEARS
S/O. AHAMMED, THODUVAYIL HOUSE, KAYAKKODI AMSOM,
KARINGATH DESOM, MALAPPURAM DISTRICT, PIN - 673638
2 SIRAJ
AGED 37 YEARS
S/O. AHAMMED, THODUVAYIL HOUSE, KAYAKKODI AMSOM,
KARINGATH DESOM, MALAPPURAM DISTRICT, PIN - 673638
BY ADV SHRI.E.C.AHAMED FAZIL
RESPONDENT/STATE - COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 THE STATION HOUSE OFFICER, KONDOTTY
KONDOTTY POLICE STATION, MALAPPURAM-, PIN - 673638
3 KT SHARADA TEACHER
AGED 76 YEARS
W/O. CHANDRASHEKARAN NAIR, AJAYA VIHAR, KOLAMANGALAM,
VALANCHERI, MALAPPURAM DISTRICT PIN 676552
4 PALLIPARAMBIL SAJITHA
AGED 45 YEARS
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2
D/O. ABOOBACKER, PALLIPARAMBAN HOUSE, VATTALUR VILLAGE,
MAKKARAPARAMBA, MALAPPURAM DISTRICT,
PIN 676507
5 KUTTIYACHALIL LAKSHMI
AGED 72 YEARS
W/O. VASU MASTER, KOTTATHARA HOUSE, NEDUVA MAOMS,
PARAPPANAGADI, MALAPPURAM DISTRICT PIN 676303
OTHER PRESENT:
SRI G SUDHEER, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.07.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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3
ORDER
The petitioners are accused Nos.15 and 16 in Crime
No.654/2004 of Kondotty Police Station, Malappuram. The offences
alleged against them are under Sections 143, 147, 148, 294(b), 324,
326, 332, 353 and 354 r/w Section 149 of the Indian Penal Code,
1860, and Section 3(1) of the Prevention of Damage to Public Property
Act,1984.
2.The accused Nos. 1 to 5 and 7 to 12 faced trial before the
Judicial First Class Magistrate Court-II (Forest Offences), Manjeri, in
C.C.No.458/2006. After a full-fledged trial with the examination of 20
witnesses as PW1 to PW20, and marking of 18 documents as Ext.P1 to
P18, the learned Magistrate acquitted accused Nos.1 to 5 and accused
Nos.7 to 12, and refiled the case against the other accused. At
present, the case against the petitioners herein is said to be pending
before the Trial Court as C.C.No.1585/2025.
3. In the present petition the petitioners seek to quash the
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proceedings against them also, stating the reason that the entire
substratum of the prosecution case is lost as per the findings of the
Trial Court, in the judgment rendered on 27.12.2016, acquitting
accused Nos.1 to 5 and accused Nos.7 to 12.
4. Heard the learned counsel for the petitioners and the learned
Public Prosecutor representing the State of Kerala.
5. A copy of the judgment rendered by the Trial Court acquitting
accused Nos.1 to 5 and accused Nos.7 to 12 in this crime, is produced
as Annexure A2. On going through Annexure A2, it is seen that the
Trial Court, by analysing the entire evidence adduced by the
prosecution, arrived at the finding that the prosecution has failed to
establish the charge levelled against all accused. The learned
Magistrate had observed in the impugned order that the witnesses
examined as PW1, PW2 to PW7 and PW11 had categorically admitted
that they have no prior acquaintance with the accused persons.
6.Taking note of the above aspect, along with the failure to
conduct any test identification parade, the Trial Court observed that
the identification of the accused by the above witnesses in court,
cannot be relied on. The Trial Court also took note of the flop in
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properly recovering and identifying the material objects, and
complying with the formalities in that regard. It is after analysing all
the above aspects that the learned Magistrate arrived at the finding
that the prosecution failed to establish the charge against accused
Nos.1 to 5 and accused Nos.7 to 12. It is seen from Annexure A2 that
the finding of the Trial Court with regard to the failure of the
prosecution to establish the charge in this crime, is applicable to the
petitioners herein also. It is apparent from the facts and
circumstances of the case that the entire substratum of the
prosecution case is lost, and that no purpose would be fulfilled by
compelling the petitioners herein to undergo Trial in connection with
the offences alleged in this case.
7. Taking note of the same aspect, a learned Single Judge of
this Court had allowed the application filed by accused Nos. 13 and 14
as Crl.M.C.No.5432/2022, and quashed the proceedings against them.
Thus, there is absolutely no reason to disallow the prayer of the
petitioners to quash the proceedings against them.
In the result, the petition stands allowed. The proceedings
against the petitioners/accused Nos.15 and 16 in Crime No.654 of
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2004 of Kondotty Police Station, Malappuram District, which is said to
be now pending before the Judicial First Class Magistrate Court-II
(Forest Offences), Manjeri as C.C.No.1585/2023, are hereby quashed.
sd/
G.GIRISH
JUDGE
jm/
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PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FINAL REPORT DATED
25.01.2006 IN CRIME NO. 654 OF 2004 OF
KONDOTTY POLICE STATION, MALAPPURAM DISTRICT
ALONG WITH MEMORANDUM OF EVIDENCE
Annexure A2 TRUE COPY OF THE JUDGMENT DATED 27.12.2016 IN
CC NO. 458 OF 2006 PASSED BY THE JUDICIAL
FIRST CLASS MAGISTRATE COURT -II (FOREST
OFFENCES), MANJERI
Annexure A3 TRUE COPY OF ORDER DATED 03.10.2023 IN
CRL.M.C. NO. 5432 OF 2022 PASSED BY
HONOURABLE HIGH COURT OF KERALA
