IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.K.MOHANAN THURSDAY, THE 1ST DAY OF AUGUST 2013 10TH SRAVANA, 1935 Crl.MC.No. 3225 of 2013 --------------------------------- [C.C.NO. 1907/2013 OF THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT-1, HOSDRUG AS SPLIT UP FROM C.C. NO.733/2009 ON ITS FILE, CRIME NO. 107/2009 OF HOSDURG POLICE STATION , KASARGOD DISTRICT] ................ PETITIONERS/ACCUSED 1 AND 5.------------------------------------------------ 1. NABEEL, AGED 2 YEARS, S/O.AJMEER MOIDU, RESIDING AT AJMEER HOUSE, NEAR IQUBAL GATE, KANHANGAD, HOSDURG TALUK, KSARAGOD DISTRICT.
2. M.SALEEM, AGED 2 YEARS, S/O.MAMMUNHI, RESIDING AT MOYILAKKARIYATH HOUSE, ATHINHAL, AJANOOR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADVS.SRI.T.MADHU, SMT.C.R.SARADAMANI. RESPONDENT/STATE: -------------------------------- THE STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, HOSDURG POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. BY PUBLIC PROSECUTOR SMT. S. HYMA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-08-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. CRL.M.C. NO.3225/2013: APPENDIX PETITIONERS' ANNEXURES: ANNEXURE-A1. TRUE CERTIFED COPY OF THE FIR IN CRIME NO.107/2009 OF HOSDURG POLICE STATION. ANNEXURE-A2. TRUE CERTIFED COPY OF THE FINAL REPORT IN CRIME NO.107/2009 OF HOSDURG POLICE STATION. ANNEXURE-A3. TRUE CERTIFED COPY OF THE JUDGMENT DATED 29 6/2013 IN CC NO.733/2009 ON THE FILE OF THE LEARNED JUDICIAL- FIRST CLASS MAGISTRATE' COURT HOSDURG. ANNEXURE-A4. TRUE CERTIFED COPY OF THE MEMO EVIDENCE IN CRIME NO.107/2009 OF HOSDURG POLICE STATION. RESPONDENT'S ANNEXURES: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. V.K.MOHANAN, J.
------------------------------------ Crl.M.C.No.3225 of 2013 -------------------------------------- Dated this the 01st day of August, 2013 ORDER The petitioners are accused Nos.1 and 5 in Crime No.107 of 2009 of Hosdurg Police Station. According to the petitioners, the other accused in the above crime faced prosecution in C.C.No.733 of 2009 on the file of the Judicial First Class Magistrate Court-I, Hosdurg and the learned Magistrate by Annexure-A3 judgment acquitted them. Thus, according to the petitioners, they are also entitled to get the benefit of the above judgment. Therefore, the petitioners preferred the above Crl.M.C. under Section 482 of Cr.P.C. with a prayer to quash Annexure-A2 Final Report and all further proceedings pursuant to it in Crime No.107 of 2009 of Hosdurg Police Station, which is now pending against the petitioners as C.C.No.1907 of 2013 on the file of the Judicial First Class Magistrate Court-I, Hosdurg.
2. Heard the learned counsel for the petitioners and the learned Public Prosecutor. Crl.M.C.No.3225 of 2013 :-2-:
3. The prosecution case in brief is as follows: On 03/02/2009 at 20 hours the accused themselves constituted an unlawful assembly armed with deadly weapons to commit an offence at Ajanur public road near Margin Free Market and in prosecution of their common object they attacked PW.1 Vijesh by throwing stone and caused injury at his left hand and thereby committed offences punishable under Sections 143, 147, 148 and 324 read with Section 149 of IPC.
4. In the light of the submission made by the learned counsel for the petitioners, I have carefully gone through Annexure-A3 judgment. On perusal of paragraph 7 of the judgment, it can be seen that the learned Magistrate declared PW.1 as hostile and found that PWs.2 and 3, who are examined by the prosecution, did not support the case of the prosecution and they did not see the incident. Accordingly, those PWs.2 and 3 were also declared hostile. Consequently, the learned Magistrate acquitted accused Nos.2, 4, 6 and 7.
5. In the light of the above development in the prosecution case and as the material witnesses turned against Crl.M.C.No.3225 of 2013 :-3-: the prosecution, according to me, no purpose would be served in sending the petitioner to face the prosecution, rather the same will amount to waste of judicial time and abuse of process of court. In the result, this Crl.M.C. is disposed of quashing Annexure-A2 Final Report and all further proceedings pursuant to it in Crime No.107 of 2009 of Hosdurg Police Station, which is now pending against the petitioners as C.C.No.1907 of 2013 on the file of the Judicial First Class Magistrate Court-I, Hosdurg. V.K.MOHANAN, JUDGE skj True copy P.A. to Judge