Allowed

Najeeb Rahman @ Kunippa v. State of Kerala

Kerala HC24 Feb 2020Crl.MC/454/2020

Case brief

AI extract

What is this about?

The High Court allowed two criminal miscellaneous applications and quashed pending criminal trial proceedings against two accused as the prosecution case suffered a breakdown due to the acquittal of all other co-accused in the parent cases.

What did the court decide?

The entire proceedings in CC No.317/2018 and CC No.862/2016 stands quashed under Section 482 of the Cr.P.C and the accused are discharged.

Najeeb Rahman @ Kunippa Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ASHOK MENON

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MONDAY, THE 24TH DAY OF FEBRUARY 2020 / 5TH PHALGUNA, 1941

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Crl.MC.No.454 OF 2020(F)

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AGAINST THE ORDER/JUDGMENT IN CC 317/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I,MANJERI

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CRIME NO.85/2007 OF Karuvarakundu Police Station, Malappuram

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PETITIONER/ACCUSED (A22):

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NAJEEB RAHMAN @ KUNHIPPA AGED 38 YEARS

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S/O. MOIDEENKUTTY, MUTHIRAKULAVAN HOUSE, NEAR RAILWAY STATION ROAD, THUVVUR AMSOM, MALAPPURAM DISTRICT

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BY ADVS. SRI.P.VENUGOPAL (1086/92) SMT.T.J.MARIA GORETTI

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RESPONDENTS/STATE AND COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,PIN-682 031

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2 SUB INSPECTOR OF POLICE, KARUVARAKUNDU POLICE STATION, KARUVARAKUNDU, MALAPPURAM DISTRICT,PIN-676 523

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SRI RAMESH CHAND- P P

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.02.2020, ALONG WITH Crl.MC.459/2020(F), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.Nos.454 OF 2020(F) & 459 OF 2020(F)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ASHOK MENON

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MONDAY, THE 24TH DAY OF FEBRUARY 2020 / 5TH PHALGUNA, 1941

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Crl.MC.No.459 OF 2020(F)

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AGAINST THE ORDER/JUDGMENT IN CC 862/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I,MANJERI

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CRIME NO.85/2007 OF Karuvarakundu Police Station , Malappuram

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PETITIONER/ACCUSED (A21):

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SHIHABUDHEEN

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AGED 38 YEARS S/O.MOOSA, POOVAKADAN HOUSE, PAIPULLU, THUVVUR AMSOM, MALAPPURAM DISTRICT.

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BY ADVS.

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SRI.P.VENUGOPAL (1086/92) SMT.T.J.MARIA GORETTI

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RESPONDENTS/STATE AND COMPLAINANT:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.

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2 SUB INSPECTOR OF POLICE, KARUVARAKUNDU POLICE STATION, KARUVARAKUNDU, MALAPPURAM DISTRICT, PIN-676523.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.02.2020, ALONG WITH Crl.MC.454/2020(F), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.Nos.454 OF 2020(F) & 459 OF 2020(F)

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COMMON ORDER

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[ Crl.MC.454/2020, Crl.MC.459/2020 ]

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Dated this the 24th day of February 2020

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The petitioner in Crl.M.C No.459/2020 is

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the original A21 while the petitioner in Crl.M.C No.454/2020 is the original A22 in Crime 85/2007 of Karuvarakundu Police Station, for having allegedly committed offences punishable under Sections 143, 147, 148, 341, 353 r/w Section 149 of the IPC.

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The parent case was taken on the file of the Judicial First Class Court-I, Manjeri as CC No.501/2007 against all accused except A13, A21 and A22 in the crime. Vide judgment at Annexure C, all the accused who faced trial

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were found not guilty and acquitted. A reading of the judgment indicates that, there was

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Crl.MC.Nos.454 OF 2020(F) & 459 OF 2020(F)

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absolutely no evidence regarding the identity

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of the assailants. The split up case CC No.95/2010 on the file of the same court was taken up and A13 alone appeared. He too was found not guilty for the very same reasons vide Annexure D judgment. Now accused Nos.21 and 22 alone remain to be tried. The case against A21 is pending as CC No.862/2016 while the case against A22 is pending as CC No.317/2018 on the file of the Judicial First Class Magistrate Court-I, Manjeri.

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In view of the acquittal of the

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remaining co-accused, the substratum of the prosecution had been lost, and proceeding with the trial as against the petitioners would only

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amount to exercising futility and wastage of judicial time.

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In the result, the Crl.M.Cs are allowed and

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Crl.MC.Nos.454 OF 2020(F) & 459 OF 2020(F)

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the entire proceedings in CC No.317/2018 and CC No.862/2016 on the file of the Judicial Fist Class Magistrate Court-I, Manjeri stands quashed under Section 482 of the Cr.P.C and the accused are discharged.

Sd/-

ASHOK MENON

JUDGE

spk

Crl.MC.Nos.454 OF 2020(F) & 459 OF 2020(F)

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APPENDIX OF Crl.MC 454/2020

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PETITIONER'S/S EXHIBITS:

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ANNEXURE-A TRUE COPY OF THE FIR AND FIS IN CRIME NO.85/2007 OF KARUVARAKUNDU POLICE STATION

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ANNEXURE-B TRUE COPY OF THE FINAL REPORT SUBMITTED BY THE SECOND RESPONDENT IN CRIME NO.85/2007 OF KARUVARAKUNDU POLICE STATION ANNEXURE-C TRUE COPY OF THE JUDGMENT DATED 30.01.2010 PASSED BY THE JFCM COURT-I MANJERI IN CC NO.501/2007 ANNEXURE-D TRUE COPY OF THE JUDGMENT DATED 15.12.2011 PASSED BY THE JFCM COURT-I, MANJERI IN CC NO 95/2010

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RESPONDENT'S/S EXHIBITS: NIL

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Crl.MC.Nos.454 OF 2020(F) & 459 OF 2020(F)

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APPENDIX OF Crl.MC 459/2020

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A CERTIFIED COPY OF THE FIR & FIS IN CRIME NO.85/2007 OF KARUVARAKUNDU POLICE STATION.

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ANNEXURE B CERTIFIED COPY OF THE FINAL REPORT SUBMITTED BY THE SECOND RESPONDENT IN CRIME NO.85/2007 OF KARUVARAKUNDU POLICE STATION.

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ANNEXURE C CERTIFIED COPY OF THE JUDGMENT DATED 30.1.2010 PASSED BY THE JFCM COURT-I, MANJERI IN C.C.NO.501/2007.

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ANNEXURE D CERTIFIED COPY OF THE JUDGMENT DATED 15.12.2011 PASSED BY THE JFCM COURT-I, MANJERI IN C.C.NO.95/2011.

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RESPONDENT'S/S EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

Najeeb Rahman @ Kunippa v. State of Kerala

Case brief

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Najeeb Rahman @ Kunippa v. State of Kerala

Case brief

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