High Court at Ernakulam allowed quashment of criminal proceedings against four accused persons. The court held that acquittal of co-accused demolished the prosecution case, causing wastage of judicial resources, and that parties had settled the dispute.
The impugned final report/charge sheet and all further proceedings pending 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 ALEXANDER THOMAS
THURSDAY, THE 13TH DAY OF JUNE 2019 / 23RD JYAISHTA, 1941
Crl.MC.No.2149 of 2017
CC 1398/2013 of JUDICIAL MAGISTRATE OF FIRST CLASS -II,PERINTHALMANNA
CRIME NO.238/2009 OF Wandoor Police Station , Malappuram
PETITIONERS/ACCUSED:
1 SHAFI,AGED 29 YEARS, S/O.POKKER, CHEMMOMKODAN HOUSE, MUSLIYARANGADI, NEDIYIRIPPU, MALAPPURAM DISTRICT.
BY ADV. SRI.P.SAMSUDIN
RESPONDENTS/STATE AND COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, EERNAKULAM-682031.(IN CRIME NO.238/2009 OF WANDOOR POLICE STATION IN MALAPPURAM DISTRICT)
2 MAMMAD,AGED 56 YEARS, S/O.VEERAN, CHIRAKKAL HOUSE, SATHYANPADI, PUNNAPPALA P.O.-679348, THIRUVALI AMSOM, NILAMBUR TALUK, MALAPPURAM DISTRICT.
BY ADVS.
SRI.BINU V V VEETTIL VALAPPIL SRI.P.USMAN
OTHER PRESENT:
SRI.T.R.RENJITH, PUBLIC PROSECUTOR FOR R1, SRI.P.USMAN FOR R2 TO R4 AND ADDL.R5
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.06.2019, ALONG WITH Crl.MC.1261/2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.2149/2017
2
ALEXANDER THOMAS, J. ------------------------------------------Crl.M.C.No.2149 of 2017
Dated this the 13th day of June, 2019
ORDER
The petitioners herein are original accused Nos.2, 4, 5 and 7 in Crime No. 238/2009 of Wandoor Police Station, Malappuram District for offences registered under Secs.143, 147, 148, 447, 323, & 324 r/w.149 of IPC. Original accused Nos.1, 3 and 6 faced trial. After meticulous apprisal of the evidence on record, the trial court concluded in Anx.A2 judgment that there is no evidence to connect the said coaccused persons with the impugned criminal charges and had accordingly, acquitted the said co-accused. The case against the petitioners herein has subsequently been re-numbered as C.C.No.1398/2013 on the file of the Judicial First Class Magistrate's Court-II, Perinthalmanna. The petitioners have filed the instant criminal case with the prayer for quashment of the impugned criminal proceedings pending against them on the ground that the substratum of the prosecution case has been shattered by the acquittal of the said co-accused persons as per Anx.A2 judgment.
Crl.M.C.No.2149/2017
3
appearing for the R1 State of Kerala.
4
Crl.M.C.No.2149/2017
With these observations and directions, the Criminal Miscellaneous Case stands finally disposed of.
sd/-
ALEXANDER THOMAS, JUDGE.
acd
Crl.M.C.No.2149/2017
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APPENDIX OF Crl.MC 2149/2017
PETITIONER'S/S EXHIBITS:
ANNEXURE A1TRUE COPY OF THE FINAL REPORT IN CRIME NO.238/2009 OF WANDOOR POLICE STATION. ANNEXURE A2TRUE COPY OF THE JUDGMENT DATED 23/12/2013 ON THE FILES OF JFCM COURT-II, PERINTALMANNA. ANNEXURE A3THE ORIGINAL OF THE AFFIDAVIT SWORN IN BY THE 3RD RESPONDENT DATED 10/03/2017. ANNEXURE A4THE ORIGINAL OF THE AFFIDAVIT SWORN IN BY THE 4TH RESPONDENT DATED 22/02/2017. ANNEXURE-A5- THE ORIGINAL OF THE AFFIDAVIT SWORN IN BY THE 4TH RESPONDENT DATED 22.02.2017 ANNEXURE A6 THE ORIGINAL OF THE AFFIDAVIT SWORN IN BY THE ADDL.R5TH REPSONDENT DATED 02-03-2019.
TRUE COPY
P.S. TO JUDGE.
1 issue framed by the court
Whether criminal proceedings against petitioners can be quashed under Section 482 Cr.P.C. upon acquittal of co-accused which shatters the prosecution substratum.
Colour shows how this judgement treated each authority
Moosa v. Sub Inspector of PoliceReferred¶35
Moosa v. Sub Inspector of Police, 2006 (1) KLT 552
Ashraf Kancheriyil v. State of KeralaReferred¶35
Ashraf Kancheriyil v. State of Kerala, 2011(2) KHC 8123
Abbas v. State of KeralaReferred¶35
Abbas v. State of Kerala, 2013 (2) KLT 976
1 provisions across 1 enactments
Shafi
Shareef
Jamsheer
Muhammad Iqbal
State of Kerala
Mammad
Alexandra Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Alexandra Thomas
Parties & counsel
