Allowed

Abdul Azeez a v. the Sub Inspector of Police

Kerala HC18 Mar 2024Crl.MC/971/2024

Case brief

AI extract

What is this about?

In a criminal miscellaneous case, the Kerala High Court allowed the petition of an accused seeking benefit of acquittal of co-accused. Since the trial court found the prosecution case baseless against co-accused, the court quashed proceedings against the petitioner facing identical allegations.

What did the court decide?

All proceedings against the petitioner in C.C.No.1204 of 2022 standing quashed.

Abdul Azeez a Vs the Sub Inspector of Police — Criminal Trial and Appeal | 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

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CRL.MC NO. 971 OF 2024

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CRIME NO.148/2017 OF Badiadukka Police Station, Kasargod

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AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1204 OF 2022 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -II, KASARAGOD

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PETITIONER/ACCUSED:

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ABDUL AZEEZ A
AGED 32 YEARS

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S/O. MARIYUMMA A., ANNADUKKA HOUSE, KUMBADAJE VILLAGE,
KASARAGOD, PIN - 671551
BY ADV ANN SUSAN GEORGE

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RESPONDENTS:

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1 THE SUB INSPECTOR OF POLICE

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BADIADKA POLICE STATION, KASARAGOD, PIN - 671551

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2 THE STATE OF KERALA

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REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

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OTHER PRESENT:

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SRI. ASHI M.C. (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. 971 OF 2024

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BECHU KURIAN THOMAS, J.

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Crl.M.C.No. 971 of 2024

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Dated this the 18^th day of March, 2024

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ORDER

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Petitioner is the accused in C.C.No.1204 of 2022 on the files of the Judicial First Class Magistrate’s Court-II, Kasargod, arising out of Crime No. 148 of 2017 of Badiadukka Police Station. Initially, the petitioner was arrayed as the 1^st accused in C.C.No.1005/2017 before the Judicial First Class Magistrate’s Court-II, Kasargod. Since the petitioner absconded, trial against accused 2 to 5 continued, and by judgment dated 29-11-2022, those accused were acquitted. Petitioner now seeks the benefit of the acquittal of the co-accused.

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According to the prosecution, the accused had on 21-03-2017, formed themselves into an unlawful assembly armed with deadly weapons and voluntarily caused hurt to the defacto complainant with a wooden stick and thereby committed the offences under Sections 143, 147, 148, 323, 324, 294(b) and 427 r/w Section 149 of the Indian Penal Code, 1860.

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In the trial against accused 2 to 5, the prosecution examined PW1 to PW-8 and marked ExtP1 to Ext.P11. The defacto complainant could not be procured in the trial. By judgment dated 29-11-2022, the learned Magistrate acquitted the accused 2 to 5 after observing

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CRL.MC NO. 971 OF 2024

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that the prosecution had failed to bring on record any material to prove the offences alleged against the accused. It was also stated that the version of the prosecution witnesses did not inspire confidence in the mind of the Court. The above findings recorded in the judgment of acquittal of accused 2 to 5 apply with equal vigor to the petitioner as all of them were faced with identical allegations. Till date, an appeal has not been preferred against the judgment of acquittal. On a reading of the judgment of acquittal of the accused in C.C.No.1005 /2017, it is evident that the substratum of the prosecution case has been destroyed.

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Since the substratum of the prosecution case has been destroyed, no purpose would be achieved by continuing the prosecution against the petitioner. I am satisfied that this is a fit case where the benefit of the acquittal of the co-accused can be extended to the petitioner as well.

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Therefore, all proceedings against the petitioner in C.C.No.1204 of 2022 on the files of the Judicial First Class Magistrate’s Court-II, Kasargod arising out of Crime No. 148 of 2017 of Badiadukka Police Station 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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AJM/18/3/24

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CRL.MC NO. 971 OF 2024

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APPENDIX OF CRL.MC 971/2024

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PETITIONER ANNEXURES

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Annexure.I THE CERTIFIED COPY OF THE FINAL REPORT IN C. C. NO. 1005 / 2017 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT - II, KASARAGOD, IN CRIME NO. 148 / 2017 OF BADIADKA POLICE STATION, KASARAGOD Annexure.II THE CERTIFIED COPY OF THE JUDGMENT DATED 29.11.2022. IN C. C. NO. 1005 / 2017 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT - II, KASARAGOD TRUE COPY

Abdul Azeez a v. the Sub Inspector of Police

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Abdul Azeez a v. the Sub Inspector of Police

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