Petitioners seeking quashing of criminal proceedings against them. Court held that the acquittal of co-accused in related trial destroyed the case substratum, allowing discharge and quashing of further proceedings.
The criminal miscellaneous petition was allowed and the Sessions Court proceedings (SC No. 159/2016) against the petitioners were quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 14TH DAY OF FEBRUARY 2017/25TH MAGHA, 1938 Crl.MC.No. 224 of 2017 () --------------------------
AGAINST THE ORDER/JUDGMENT IN SC 15/2013 of ADDL. DISTRICT & SESSIONS COURT - I, KASARAGOD DATED 19-03-2016 CRIME NO. 1068/2011 OF HOSDURG POLICE STATION, KASARGOD
PETITIONER(S)/ACCUSED:
1. B.ABDULLA AGED 35 YEARS, S/O.MUHAMMED, PUTHANKAI, KULIYANGAL, HOSDURG VILLAGE, KASARAGOD DISTRICT
2. THOUSIFF, AGED 25 YEARS, S/O.KASIM KUNHABDULLA, THOUSIFF MANZIL, ARANGADI, HOSDURG VILLAGE, KASARAGOD DISTRICT
BY ADV. SRI.A.ARUNKUMAR
RESPONDENT(S)/COMPLAINANAT/STATE:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031
BY PUBLIC PROSECUTOR SRI.T.R.RANJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14-02-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 224 of 2017 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE AI A TRUE COPY OF THE FIR IN CRIME NO. 1068/2011 OF THE HOSDURG POLICE STATION, KASARGOD
ANNEXURE AII A TRUE RELEVANT COPIES OF THE FINAL REPORT IN CRIME NO. 1068/2011 BY THE HOSDURG POLICE STATION, KASARAGOD
ANNEXURE AIII A TRUE COPY OF THE JUDGMENT IN SC.NO. 15/2013 ON THE FILES OF THE ADDITIONAL DISTRICT AND SESSIONS COURT-I, KASARAGOD DATED 19.03.2016
RESPONDENT(S)' EXHIBITS : NIL -----------------------
/TRUE COPY/
P. A. TO JUDGE
Pn
SUNIL THOMAS, J.
Crl. M. C. No. 224 of 2017
Dated this the 14th day of February, 2017
O R D E R
The petitioners are originally accused Nos. 1 and 11 in Crime No.1068/2011 of Hosdurg Police Station for offences punishable under Sections 143, 147, 148, 332, 308, 153 A read with 149 of IPC. It was alleged by the prosecution that, on 08.02.2011 at 5.20 p.m., the accused formed into an unlawful assembly and pelted stones at the S.I. of Police and Police party of Bedakam Police Station, who were engaged in the official duty. The S.I. of Police sustained minor injury on his finger. After investigation, final report was filed against 10 persons, out of whom, 2 were juveniles. 6 among them faced the trial in S.C. No.15/2013. They were acquitted by Annexure AIII judgment. Petitioners herein did not participate in the proceedings. They have now approached this Court with a contention that in the light of Annexure AIII judgment as well as the subsequent discharge of the accused No.10 by order in S.C. No.384/2015, the entire substratum of the case is lost and the petitioners are entitled for the benefit of discharge of the other accused.
2
Crl. M. C. No. 224 of 2017
Annexure AIII which clearly shows that the prosecution had failed to prove the allegations against the accused beyond any shadow of doubt. Thereafter, accused No.10 was discharged by order dated 11.04.2016 in S.C.No. 348/2015.
In the light of the above, Crl.M.C. is allowed. All further proceedings as against the petitioners herein now surviving as S.C. No.159/2016 of Additional District and Sessions court - 1, Kasaragod stands quashed.
Sd/-
SUNIL THOMAS, JUDGE.
Pn
2 issues framed by the court
Whether the criminal prosecution against the petitioners should be quashed given the acquittal of other accused in related proceedings?
Whether the substratum of the case has been lost rendering further prosecution of petitioners unnecessary?
B. ABDULLA
THOUSIFF
STATE OF KERALA
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
