The petition sought to quash a final report alleging offences including conspiracy under Section 120B IPC citing lack of specific overt acts. The High Court held that conspiracy liability depends on evidence of meeting of minds, not quashable at this stage.
The Criminal Misc. Case (petition for quashing of final report) was dismissed.
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 P.SOMARAJAN
MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942
Crl.MC.No.906 OF 2015 (G)
C.M.P.No.2290/13 IN SC 1013/2012 OF ADDITIONAL DISTRICT & SESSIONS COURT - V, KOZHIKODE
CRIME NO.152/2009 OF CHEVAYUR POLICE STATION, KOZHIKODE
PETITIONER/ACCUSED No.8:
MUHAMMED ABDUL KARIM FAIZAL, S/o MUHAMMED ALI HAJI, PUTHENKOTTA VADAKKE VEEDU, VETTATHUR, PERINTHALMANNA, MALAPPURAM DISTRICT.
BY ADVS.SRI.S.SREEKUMAR (SR.) SRI.K.A.ABDUL SALAM SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA
RESPONDENT:
1 THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 031.
BY PUBLIC PROSECUTOR SRI. RAMESH CHAND
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.906 of 2015
2
ORDER
The final report submitted alleging offence under Sections 341, 324, 326, 307, 120B and 109 r/w Section 34 IPC is sought to be quashed by the accused No.8, who is the 11th accused as per the final report, on the ground that there is no specific overt act alleged against the petitioner, but criminal liability is sought to be fastened by incorporating Section 120B IPC. The decision rendered by the Apex Court in Bilal
Hajar @ Abdul Hameed v. State Rep. by the Inspector of Police [2018 KHC 6800] was relied on in support of their argument that there should be meeting of mind of two or more persons to do an illegal act or an act by illegal means, otherwise, Section 120B IPC will not stand attracted. As per the final report, it is the
petitioner who had directed the other accused persons
to do the alleged act and if it is proved, the
liability under Section 120B IPC would stand attracted.
Then it is a matter of evidence, for which, the
jurisdiction under Section 482 Cr.P.C. cannot be
Crl.M.C.No.906 of 2015
3
applied.
Without prejudice to the right of the petitioner to take defences at various stages of the proceedings,
Crl.M.C. is dismissed.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
Crl.M.C.No.906 of 2015
4
APPENDIX OF Crl.MC 906/2015
PETITIONER'S ANNEXURES:
| ANNEXURE A | TRUE COPY OF FIR IN CRIME NO.152 OF 2009 OF CHEVAYOOR POLICE STATION DATED 07-04-2009 |
|---|---|
| ANNEXURE B | TRUE COPY OF RELEVANT PAGES OF FINAL REPORT IN CRIME NO.152 OF 2009 |
| ANNEXURE C | TRUE COPY OF C.M.P.2290/13 FILED BY THE PETITIONER BEFORE THE ADDITIONAL DISTRICT AND SESSIONS JUDGE-V,KOZHIKODE |
| ANNEXURE D | TRUE COPY OF ORDER IN C.M.P.2290/13 DATED 12-12-2014 OF ADDITIONAL DISTRICT AND SESSIONS JUDGE-V,KOZHIKODE |
| ANNEXURE E | TRUE COPY OF COURT CHARGE IN S.C.1013/2012 DATED 17-12-2014 |
| ANNEXURE F | TRUE COPY OF PLAINT IN O.S.642/08 OF SUB COURT, KOZHIKODE DATED 10-11-2008 FILED BY CW9 |
| ANNEXURE G | TRUE COPY OF WRITTEN STATEMENT IN O.S.642/08 FILED BY M/s BENZY & Co. BEFORE THE SUB COURT, KOZHIKODE. |
| ANNEXURE H | TRUE COPY OF AFFIDAVIT IN SUPPORT OF THE IMPLEADING PETITION PRODUCED ALONG WITH THE FINAL REPORT. |
| ANNEXURE I | TRUE COPY OF STATEMENT OF CW9. |
| ANNEXURE J | TRUE COPY OF FURTHER STATEMENT OF CW1 WAS TAKEN ON 24.07.2009. |
RESPONDENT'S ANNEXURE: NIL
// TRUE COPY //
P.A. TO JUDGE
1 issue framed by the court
Whether jurisdiction under Section 482 Cr.P.C. exists to quash the final report based on the absence of specific overt acts against the accused.
Colour shows how this judgement treated each authority
Bilal Hajar @ Abdul HameedReferred¶18
Bilal Hajar @ Abdul Hameed v. State Rep. by the Inspector of Police [2018 KHC 6800]
2 provisions across 2 enactments
Muhammed Abdul Karim Faizal
The State of Kerala
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
