Allowed

A.M.Mubasheer v. State of Kerala

Kerala HC18 Mar 2024Crl.MC/235/2024

Case brief

AI extract

What is this about?

Accused Nos. 6 and 7 in an Immoral Traffic (Prevention) Act case sought quashing of proceedings based on a co-accused's acquittal and prior High Court orders extending that acquittal to accused 4 and 5. Finding the prosecution case destroyed, the court quashed all proceedings against the petitioners.

What did the court decide?

All proceedings against petitioners in C.C.No.125/2019 quashed.

A.M.Mubasheer Vs State of Kerala — Quashing and FIR | Kerala HC (2024)

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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 BECHU KURIAN THOMAS

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MONDAY, THE 18TH DAY OF MARCH 2024 / 28TH PHALGUNA, 1945
CRL.MC NO. 235 OF 2024

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CRIME NO.154/2011 OF HOSDURG POLICE STATION, KASARGOD
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.125 OF 2019 OF

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JUDICIAL MAGISTRATE OF FIRST CLASS -I,HOSDRUG

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PETITIONERS/ACCUSED NO. 6 & 7:

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1 A.M.MUBASHEER, AGED 37 YEARS S/O.KHADEEJA, BEHIND VENUGOPAL MEMORIAL L.P. SCHOOL, THAIKKADAPPURAM, NILESHWAR, KASARAGOD, PIN – 671 314.

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2E.K.NOUSHAD, AGED 42 YEARS
S/O UMMAR.A.M, JUBERIATH (H), THAIKKADAPPURAM,
NILESHWAR,KASARAGOD, PIN – 671 314.

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BY ADVS.
A.ARUNKUMAR
S.SHYAM KUMAR
SACHIN GEORGE ARAMBAN

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RESPONDENT/S:

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STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN – 682 031.
SRI.RANJIT T.R., PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.03.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:

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CRL.MC NO. 235 OF 2024

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BECHU KURIAN THOMAS, J

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......….............................................

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…................................................

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Dated this the 18^th day of March, 2024

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ORDER

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Petitioners are accused Nos. 6 and 7 in C.C.No.125/2019 on the files of the Judicial First Class Magistrate Court-I, Hosdurg, arising out of Crime No.154/2011 of Hosdurg Police Station.

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According to the prosecution, the accused had, on 07.12.2011 indulged in an offence falling under Sections 5, 6, and 8(b) of the Immoral Traffic (Prevention) Act, 1956. Cognizance of the offence was taken against seven accused as C.C.No.776/2011 on the files of the Judicial First Class Magistrate Court-I, Hosdurg. Since all accused other than second accused absconded, the case against accused Nos.1 and 3 to 7 were split up.

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In the trial against the second accused in C.C.No.776/2011, the learned Magistrate, by judgment dated 31.01.2019 acquitted him, after finding that the prosecution had failed to prove the guilt of the accused. Subsequently, accused Nos.4 and 5 filed petitions to quash the proceedings against them on the basis of the acquittal of

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CRL.MC NO. 235 OF 2024

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the co-accused as Crl.M.C.No.2480/2020 and Crl.M.C.No.3685/2020.

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By order dated 20.11.2023, a learned single Judge of this Court extended the benefit of acquittal of the co-accused to accused 4 and 5 as well and quashed the proceedings against them. Petitioners herein, who are accused Nos.6 and 7, contend that they are also entitled to the benefit of the acquittal of other accused.

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On a perusal of the nature of allegations and also the observations of the learned single Judge of this Court in Annexure-AIV order apart from the acquittal of the accused in Annexure -AIII judgment of the learned Magistrate, it is revealed that the very substratum of the prosecution case, even as against the petitioners, has been destroyed. Hence, I am of the view that petitioners are also entitled for the benefit of acquittal of the co-accused.

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Accordingly, all proceedings against the petitioners in C.C.No.125/2019 on the files of the Judicial First Class Magistrate Court-I, Hosdurg, shall stand quashed.

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The Crl.M.C.is allowed as above.

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sd/-

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BECHU KURIAN THOMAS JUDGE

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AMV/18/03/2024

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CRL.MC NO. 235 OF 2024

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APPENDIX OF CRL.MC 235/2024

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PETITIONER ANNEXURES

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ANNEXURE AIA TRUE COPY OF THE F.I.R IN CRIME NO.154
OF 2011 OF HOSDURG POLICE STATION.
ANNEXURE AIICERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 154 OF 2011 OF HOSDURG POLICE
STATION.
ANNEXURE AIIIA TRUE COPY OF THE JUDGMENT DATED
31.01.2019 IN C.C.NO.776 OF 2011 OF
JUDICIAL FIRST CLASS MAGISTRATE-I,
HOSDURG.
ANNEXURE AIVA TRUE COPY OF THE COMMON ORDER DATED
20.11.2023 OF THIS HON'BLE COURT IN
CRL.M.C.NO.3685OF2020AND
CRL.M.C.NO.2480 OF 2020.

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TRUE COPY

A.M.Mubasheer v. State of Kerala

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A.M.Mubasheer v. State of Kerala

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