Allowed

Rasheed B.K @ Rashid.B.K v. State of Kerala

Kerala HC15 Jul 2024Crl.MC/5567/2024

Case brief

AI extract

What is this about?

High Court quashed criminal proceedings against petitioner, the sole remaining accused, after co-accused were acquitted and key witnesses deposed they did not witness the assault and the dispute was settled, destroying the prosecution's case.

What did the court decide?

All proceedings against the petitioner in C.C.No.799 of 2021 on the files of the Judicial First Class Magistrate's Court-II, Hosdurg are hereby quashed.

Rasheed B.K @ Rashid.B.K 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 15^TH DAY OF JULY 2024 / 24TH ASHADHA, 1946

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CRL.MC NO. 5567 OF 2024

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CRIME NO.93/2012 OF Hosdurg Police Station, Kasargod

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C.C NO.799 OF 2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,

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HOSDRUG

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PETITIONER/ ACCUSED NO.4 :

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RASHEED B.K @ RASHID.B.K AGED 31 YEARS

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S/O YAHIKA, VAKKOTTU(H), ARAYI, VATTATHODE, HOSDURG, KASARAGOD, PIN – 671 315

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

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RESPONDENT/ STATE :

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031

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SRI. NOUSHAD K. A., PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 5567 OF 2024

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BECHU KURIAN THOMAS, J.

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=-=-=-=-=-=-=-=-=-=-=-=-=

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Crl.M.C.No.5567 of 2024

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-=-=-=-=-=-=-=-=-=-=-=-=

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Dated this the 15^th day of July, 2024

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ORDER

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Petitioner was the 4^th accused in Crime No.93 of 2012 of Hosdurg Police Station and was later arrayed as 3^rd accused when cognizance was taken on the said crime as C.C.No.49 of 2016 on the files of the Judicial First Class Magistrate's Court-II, Hosdurg. During the trial of the aforesaid case, petitioner absconded. Therefore the case against him was split up and renumbered as C.C.No.799 of 2021 of the same Magistrate's Court. In the meantime, the trial against the remaining accused continued and all those accused were acquitted by judgment dated 21.07.2017. Petitioner seeks benefit of acquittal of the co-accused.

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According to the prosecution on 09.02.2012, the accused had formed themselves into an unlawful assembly, along with a juvenile, armed with deadly weapons and in prosecution of their common object voluntarily caused hurt to CW1 with an iron rod and thereby committed the offences under Sections 143, 147, 148, 341, 323 and 324 r/w Section 149 of the Indian Penal Code, 1860.

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I have heard Sri.A.Arunkumar, the learned counsel for the petitioner as well as Sri.Noushad K.A., the learned Public Prosecutor.

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On a reading of the judgment of acquittal of the accused in

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CRL.MC NO. 5567 OF 2024

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C.C.No.49 of 2016, it is noticed that the defacto complainant had, while being examined as PW1 and another injured person, examined as PW2, stated that they had not seen the accused assaulting them and also that the dispute had been settled between the parties.

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Taking note of the aforesaid depositions of PW1 and PW2 and also the observation of the learned Magistrate that the material witnesses were even given up by the Assistant Public Prosecutor, I am of the view that the substratum of the prosecution case against the petitioner has also been destroyed. No purpose would be served by continuing the prosecution.

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Accordingly, all proceedings against the petitioner in C.C.No.799 of 2021 on the files of the Judicial First Class Magistrate's Court-II, Hosdurg is hereby quashed.

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

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Sd/- BECHU KURIAN THOMAS, JUDGE

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RKM

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CRL.MC NO. 5567 OF 2024

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APPENDIX OF CRL.MC 5567/2024

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PETITIONER'S ANNEXURES :

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Annexure AI A TRUE COPY OF THE F.I.R IN CRIME NO.93 OF 2012 OF HOSDURG POLICE STATION DATED 09-02-2012 Annexure AII CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 93 OF 2012 OF HOSDURG POLICE STATION DATED 25-05-2012 Annexure AIII A TRUE COPY OF THE JUDGMENT DATED 21.07.2017 IN C.C.NO.49 OF 2016 OF JUDICIAL FIRST CLASS MAGISTRATE-II, HOSDURG

Rasheed B.K @ Rashid.B.K v. State of Kerala

Case brief

What is this about?

What did the court decide?

Rasheed B.K @ Rashid.B.K v. State of Kerala

Case brief

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What did the court decide?

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