High Court of Kerala quashed pending criminal proceedings against petitioners as co-accused were acquitted, shattering the prosecution substratum and ending the case in their favor.
Impugned final report and all further proceedings pending against petitioners in C.C.No.865/2018 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
WEDNESDAY, THE 18TH DAY OF SEPTEMBER 2019 / 27TH BHADRA, 1941
Crl.MC.No.6436 OF 2019(D)
AGAINST THE JUDGMENT IN CC 674/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS, NILAMBUR
CRIME NO.15/2014 OF Pothukallu Police Station , Malappuram
PETITIONER/ACCUSED 2 AND 4:
1 SAJAD,
AGED 31 YEARS S/O. UMMAR, KURIKKAL HOUSE, POTHUKALLU AMSOM, POTTI, NILAMBUR TALUK, MALAPPURAM DISTRICT.
2 ANSAR ALI
AGED 34 YEARS S/O. UNNIMOYIN, VADAKKEPURAM HOUSE, BOODANAM, POTHUKALLU AMSOM, POTTI, NILAMBUR TALUK, MALAPPURAM DISTRICT.
BY ADVS. SRI.P.SAMSUDIN SRI.M.ANUROOP
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
(IN CRIME NO.15/2014 OF POTHUKALLU POLICE STATION)
2 ASMABI
AGED 49 YEARS, W/O. ALI, CHERIPARAMBIL HOUSE, UPPADA P.O - 679 334, EDAKKARA AMSOM, NILAMBUR TALUK, MALAPPURAM DISTRICT.
SMT.PRIYA SHANAVAS, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.09.2019, ALONG WITH Crl.MC.4515/2019(D), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.Nos.4515 & 6436 OF 2019
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
WEDNESDAY, THE 18TH DAY OF SEPTEMBER 2019 / 27TH BHADRA, 1941
Crl.MC.No.4515 OF 2019(D)
AGAINST THE JUDGMENT IN CC 674/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,NILAMBUR
CRIME NO.15/2014 OF Pothukallu Police Station , Malappuram
PETITIONER/7TH ACCUSED:
MANSOOR BABU AGED 37 YEARS S/O. KUNJI MUHAMMAD, CHIRAKKAL HOUSE, POTHUKALLU AMSOM, DESOM, NILAMBUR TALUK, MALAPPURAM DISTRICT.
BY ADV. SRI.P.SAMSUDIN
RESPONDENTS/STAE AND DEFACTO COMPLAINANT:
1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM -682 031
(IN CRIME NO. 15/2014 OF POTHUKALLU POLICE STATION)
2 ASMABI, AGED 49 YEARS
W/O. ALI, CHERIPARAMBIL HOUSE, UPPADA P.O-679 334, EDAKKARA AMSOM, NILAMBUR TALUK, MALAPPURAM DISTRICT.
SMT.PRIYA SHANAVAS, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.09.2019, ALONG WITH Crl.MC.6436/2019(D), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.Nos.4515 & 6436 OF 2019
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ALEXANDER THOMAS, J.
= = = = = = = = = = = = = = = = =
Crl.M.C. Nos.4515 & 6436 of 2019
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of September, 2019
O R D E R
The petitioners herein are original accused Nos.2, 4 and 7 in Crime No.15/2014 of Pothukallu Police Station, for offences registered under Secs.143, 147, 148, 447, 294(b), 506(i) r/w 149 IPC. It appears that original accused Nos.1, 3, 5 and 6 have already faced trial, which has entered up in their acquittal as per Anx.A3 judgment dated 21.12.2018 rendered by Judicial First Class Magistrate Court, Nilambur in C.C.No.674 of 2014. It will be pertinent to refer to paragraphs 5 to 7 of the said Anx.A3 judgment of acquittal which reads as follows:
Crl.MC.Nos.4515 & 6436 OF 2019
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order to attract Section 148 r/w 149 IPC, as alleged by the prosecution?
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prosecution. Even though the permission was granted for learned APP to put questions to PW1, which might be put in cross examination, nothing material is brought out so as to convict the accused herein. Since PW1 turned hostile to the prosecution, the remaining witnesses were given up by learned APP. On going through the available evidence, I am of the opinion that the prosecution has miserably failed to prove the offences alleged against A1,3,5 and 6 beyond all reasonable doubt. Hence these points are found against the prosecution.
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C.C.No.865/2018 on the file of the Judicial First Class Magistrate's Court, Nilambur.
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Sec.482 of the Cr.P.C. to consider the prayer of quashment of the impugned criminal proceedings against the other accused.
With these observations and directions, the Criminal Miscellaneous Cases stands finally disposed of.
Sd/-
ALEXANDER THOMAS
JUDGE
mpm
Crl.MC.Nos.4515 & 6436 OF 2019
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APPENDIX OF Crl.MC 6436/2019
PETITIONERS' EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO.15/2014 OF POTHUKALLU POLICE STATION. ANNEXURE A2 TRUE COPY OF THE FINAL REPORT IN CRIME NO.15/2014 OF POTHUKALLU POLICE STATION. ANNEXURE A3 TRUE COPY OF JUDGMENT DATED 21.12.2018 IN CC NO.674/2014 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NILAMBUR
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APPENDIX OF Crl.MC 4515/2019
PETITIONER'S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO. 15/2014 OF POTHUKALLU POLICE STATION. ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 15/2014 OF POTHUKALLU POLICE STATION.
ANNEXURE A3 TRUE COPY OF JUDGMENT DATED 21-12-2018 IN CC NO. 674/2014 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NILAMBUR
// TRUE COPY // P.A. TO JUDGE
2 issues framed by the court
Whether criminal proceedings should be quashed against petitioners as the substratum of prosecution was shattered by acquittal of co-accused.
Whether continued pendency serves any meaningful purpose after acquittal of co-accused on same facts.
Colour shows how this judgement treated each authority
Moosa v. Sub Inspector of PoliceRelied on¶68
Moosa v. Sub Inspector of Police 2006 (1) KLT 552
Ashraf Kancheriyil v. State of KeralaRelied on¶68
Ashraf Kancheriyil v. State of Kerala 2011(2) KHC 8123
Abbas v. State of KeralaRelied on¶68
Abbas v. State of Kerala 2013 (2) KLT 976
8 provisions across 2 enactments
Sajad
Ansar Ali
Mansoor Babu
The State of Kerala
Asmabi
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
