Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID TUESDAY, THE7H DAY OF JANUARY201417TH POUSHA, 1935 Crl.MC.No. 213 of 2014 -------------------------- CC NO. 264/2011 OF CHIEF JUDICIAL MAGISTRATE COURT, MANJERI CC NO. 289/2005 OF CHIEF JUDICIAL MAGISTRATE COURT, MANJERI DATED0311-2011 ... CRIME NO. 82/2005 OF MANJERI POLICE STATION , MALAPPURAM ...... PETITIONER(S)/1ST ACCUSED: -------------------------------------------------- PUTHALATH ABDUL KARIM, S/O.MUHAMMEDALI, AKKARAPPALLI ROAD, PATTERKULAM, NARUKARA, MANJERI, MALAPPURAM DISTRICT. BY ADV. SRI.P.VENUGOPAL (1086/92) RESPONDENT/COMPLAINANT: ---------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.682 031. [REPRESENTING SUB INSPECTOR OF POLICE, MANJERI POLICE STATION, IN CRIME NO.82/2005] BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON0701-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss Crl.MC.No. 213 of 2014 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES: --------------------------------------------- ANNEXURE A- TRUE COPY OF THE FINAL REPORT SUBMITTED BY THE RESPONDENT IN CRIME NO.82/2005 OF MANJERI POLICE STATION. ANNEXURE B- TRUE COPY OF THE JUDGEMENT DATED0311.2011 PASSED BY THE CHIEF JUDICIAL MAGISTRATE COURT, MANJERI IN C.C.NO.289/2005. RESPONDENT(S)' ANNEXURES: ----------------------------------------------- N I L /TRUE COPY/ P.A.TO JUDGE Kss HARUN-UL-RASHID, J.
- - - - - - - - - - - - - - - - - Crl. M.C No. 213 of 2014 - - - - - - - - - - - - - - - - Dated this the 07th day of January, 2014. ORDER
Petitioner is the accused in Crime No. 82/2005 of Manjeri Police Station pending as C.C No. 264/2011 on the file of the Chief Judicial Magistrate Court, Manjeri. The offences alleged against the petitioner are punishable under Sections 143, 147, 148, 332, 427 r/w 149 of IPC and Section 3(1) of the PDPP Act. The Crl.M.C is filed seeking to quash Final Report and all proceedings in C.C No. 264/2011.
2. There are altogether 16 accused. Out of Sixteen, fifteen were acquitted as per judgment in C.C No. 289/2005 dated 03.011.2011. Copy marked for reference as Annexure- B. The court considered the question as to whether the accused in this case were members in the mob alleged to have participated in the criminal act. The learned Magistrate found that there is absolutely no cogent evidence to show that the accused have participated in the criminal acts alleged in this case. The accused have not been identified by PWs 1 and 2 to show that they were present in the mob which attacked the police jeep and PWs 1 and 2. The learned Magistrate acquitted all the fifteen accused finding that there is no evidence to hold that the accused has participated in the Crl. M.C No. 213 of 2014 2 criminal acts. Since the other accused were acquitted, for the very same set of reasons, this Court is of the view that no purpose would be served by continuing the prosecution against the petitioners. Accordingly, Crl.M.C is disposed of quashing Annexure-A Final Report and all further proceedings in C.C No. 264/2011 on the file of Chief Judicial Magistrate Court, Manjeri. HARUN-UL-RASHID, JUDGE. lsn