This common order in Crl.MC.454/2020 and 459/2020 holds that pending trials against two accused (A21 and A22) must be quashed as the acquittal of other co-accused destroyed the prosecution's substratum, rendering further proceedings futile.
Proceedings in CC 317/2018 and CC 862/2016 were quashed and the accused were discharged.
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 ASHOK MENON
MONDAY, THE 24TH DAY OF FEBRUARY 2020 / 5TH PHALGUNA, 1941
Crl.MC.No.454 OF 2020(F)
AGAINST THE ORDER/JUDGMENT IN CC 317/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I,MANJERI
CRIME NO.85/2007 OF Karuvarakundu Police Station, Malappuram
PETITIONER/ACCUSED (A22):
NAJEEB RAHMAN @ KUNHIPPA AGED 38 YEARS
S/O. MOIDEENKUTTY, MUTHIRAKULAVAN HOUSE, NEAR RAILWAY STATION ROAD, THUVVUR AMSOM, MALAPPURAM DISTRICT
BY ADVS. SRI.P.VENUGOPAL (1086/92) SMT.T.J.MARIA GORETTI
RESPONDENTS/STATE AND COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,PIN-682 031
2 SUB INSPECTOR OF POLICE, KARUVARAKUNDU POLICE STATION, KARUVARAKUNDU, MALAPPURAM DISTRICT,PIN-676 523
SRI RAMESH CHAND- P P
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:
Crl.MC.Nos.454 OF 2020(F) & 459 OF 2020(F)
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
MONDAY, THE 24TH DAY OF FEBRUARY 2020 / 5TH PHALGUNA, 1941
Crl.MC.No.459 OF 2020(F)
AGAINST THE ORDER/JUDGMENT IN CC 862/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I,MANJERI
CRIME NO.85/2007 OF Karuvarakundu Police Station , Malappuram
PETITIONER/ACCUSED (A21):
SHIHABUDHEEN
AGED 38 YEARS S/O.MOOSA, POOVAKADAN HOUSE, PAIPULLU, THUVVUR AMSOM, MALAPPURAM DISTRICT.
BY ADVS.
SRI.P.VENUGOPAL (1086/92) SMT.T.J.MARIA GORETTI
RESPONDENTS/STATE AND COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.
2 SUB INSPECTOR OF POLICE, KARUVARAKUNDU POLICE STATION, KARUVARAKUNDU, MALAPPURAM DISTRICT, PIN-676523.
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:
Crl.MC.Nos.454 OF 2020(F) & 459 OF 2020(F)
3
COMMON ORDER
[ Crl.MC.454/2020, Crl.MC.459/2020 ]
Dated this the 24th day of February 2020
The petitioner in Crl.M.C No.459/2020 is
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.
were found not guilty and acquitted. A reading of the judgment indicates that, there was
Crl.MC.Nos.454 OF 2020(F) & 459 OF 2020(F)
4
absolutely no evidence regarding the identity
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.
remaining co-accused, the substratum of the prosecution had been lost, and proceeding with the trial as against the petitioners would only
amount to exercising futility and wastage of judicial time.
In the result, the Crl.M.Cs are allowed and
Crl.MC.Nos.454 OF 2020(F) & 459 OF 2020(F)
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)
6
APPENDIX OF Crl.MC 454/2020
PETITIONER'S/S EXHIBITS:
ANNEXURE-A TRUE COPY OF THE FIR AND FIS IN CRIME NO.85/2007 OF KARUVARAKUNDU POLICE STATION
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
RESPONDENT'S/S EXHIBITS: NIL
Crl.MC.Nos.454 OF 2020(F) & 459 OF 2020(F)
7
APPENDIX OF Crl.MC 459/2020
PETITIONER'S/S EXHIBITS:
ANNEXURE A CERTIFIED COPY OF THE FIR & FIS IN CRIME NO.85/2007 OF KARUVARAKUNDU POLICE STATION.
ANNEXURE B CERTIFIED COPY OF THE FINAL REPORT SUBMITTED BY THE SECOND RESPONDENT IN CRIME NO.85/2007 OF KARUVARAKUNDU POLICE STATION.
ANNEXURE C CERTIFIED COPY OF THE JUDGMENT DATED 30.1.2010 PASSED BY THE JFCM COURT-I, MANJERI IN C.C.NO.501/2007.
ANNEXURE D CERTIFIED COPY OF THE JUDGMENT DATED 15.12.2011 PASSED BY THE JFCM COURT-I, MANJERI IN C.C.NO.95/2011.
RESPONDENT'S/S EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
2 issues framed by the court
Whether the pending criminal trial against the petitioners can be quashed due to the acquittal of other co-accused.
Whether the substratum of prosecution remains intact for the remaining accused.
1 provisions across 1 enactments
Najeeb Rahman
Shihabudeen
State of Kerala
Sub Inspector of Police, Karuvarakundu
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
