IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID WEDNESDAY, THE11H DAY OF DECEMBER201320TH AGRAHAYANA, 1935 Crl.MC.No. 6004 of 2013 () -------------------------------------- AGAINST THE ORDER
IN SC1712007 of ASSISTANT SESSIONS COURT, VADAKARA AGAINST THE ORDER
IN LP882007 of JUDICIAL FIRST CLASS MAGISTRATE COURT, NADAPURAM ------------- PETITIONER/ACCUSED NO1 ----------------------------------------- NASAR, AGED32YEARS, S/O.KUNHALI CHATHOTH HOUSE, IYYAMKODE AMSOM DESOM, VATAKARA TALUK. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON1112-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ Crl.MC.No. 6004 of 2013 () ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE1CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO1412003 OF NADAPURAM POLICE STATION ANNEXURE II CERTIFIED COPY OF THE DEPOSITION OF PW7IN SC1712007 OF ASSISTANT SESSIONS COURT,VATAKARA ANNEXURE III CERTIFIED COPY OF THE DEPOSITION OF PW8IN SC1712007 OF ASSISTANT SESSIONS COURT,VATAKARA ANNEXURE IV CERTIFIED COPY OF JUDGMENT
IN SC1712007 OF ASST.SESSIONS COURT,VATAKARA RESPONDENT(S)' EXHIBITS --------------------------------------- NIL. / TRUE COPY / P.S. TO JUDGE PJ HARUN-UL-RASHID, J.
- - - - - - - - - - - - - - - - - Crl.M.C No.6004 of 2013 - - - - - - - - - - - - - - - - Dated this the 11th day of December, 2013. ORDER
Petitioner is the first accused in Crime No.141/2003 of Nadapuram Police Station pending as LP No. 88/2007 on the file of the Judicial First Class Magistrate Court, Nadapuram. The offence alleged against the petitioner is punishable under Section 4 of Explosive Substances Act. After investigation, the final report has been filed. There are altogether eight accused in this case. Annexure-4 is the copy of the judgment in S.C No. 171/2007. Out of the eight accused four of them were tried and acquitted as per judgment dated 02.04.2013 in S.C No. 171/2007. The Sessions Court observed that the material witnesses namely, PW7and 10, have not stated anything against the accused, that the prosecution has not cited any other witness to prove the involvement of the accused and that the prosecution has not adduced any sufficient evidence to prove the seizure of country bombs from the pathway near the house of CW5. CW3 and 5 were given up by the learned Additional Public Prosecutor. The court held that the available evidence adduced by the prosecution is not sufficient to prove involvement of the accused and that no incriminating Crl.M.C No.6004 of 2013 2 circumstance was revealed in evidence. The court below did not question the accused under Sec. 313 of Cr.P.C.
2. In the facts and circumstances of the case, the prosecution against the petitioner and other accused is a futile exercise. No purpose will be served in continuing the prosecution as against the petitioner. The prosecution has failed to adduce any satisfactory evidence to prove the involvement of any of the accused. In the result, the Crl.M.C is allowed. The Final Report in Crime No. 141/2003 of Nadapuram Police Station and all further proceedings in LP No. 88/2007 on the file of the Judicial First Class Magistrate Court, Nadapuram are quashed Sd/-HARUN-UL-RASHID, JUDGE. lsn