IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.UBAID MONDAY, THE20H DAY OF OCTOBER201428TH ASWINA, 1936 Crl.MC.No. 5684 of 2014 () --------------------------- AGAINST THE JUDGMENT
IN SC2602003 of II ADDL.SESSIONS COURT,KOZHIKODE PETITIONER(S)/ACCUSED NO. 10: ------------------------------------- ABDUL NASAR AGED29YEARS S/O. MUHAMMAD, THONDIYALAM, MONKARANDE P.O. NILGIRI DISTRICT, TAMILNADU. BY ADVS.SRI.S.K.SAJU SRI.A.RANJITH NARAYANAN SMT.A.SIMI RESPONDENT(S)/COMPLAINANT: ---------------------------------- STATE OF KERALA REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE S.I OF POLICE NADAKKAVU POLICE STATION, KOZHIKODE - 673 011. BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON2010-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 5684 of 2014 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ ANNEXURE A1 - CERTIFIED COPY OF THE FINAL REPOT IN CRIME NO. 424/1998 SUBMITTED BY THE RESPONDENT POLICE BEFORE THE LEARNED JFMC - IV, KOZHIKODE. ANNEXURE A2 - TRUE COPY OF THE JUDGMENT
DT. 28.10.06 PASSED BY THE IIND ADDL. SESSIONS JUDGE, KOZHIKODE IN S.C NO. 260/2003. A3 - TRUE COPY OF THE JUDGMENT
DT. 22.9.09 PASSED IN CRL. M.C NO. 2290/2009. RESPONDENT(S)' EXHIBITS ------------------------------=- /TRUE COPY/ P.S TO JUDGE P.UBAID, J.
~~~~~~~~~~ Crl.M.C No.5684 of 2014 ~~~~~~~~~~~ Dated this the 20th October, 2014 ORDER
The petitioner herein is the original tenth accused in Crime No. 424 of 1998 of Nadakkavu Police Station in Kozhikode District, registered under Sections 143,147, 148, 332 and 395 of Indian Penal Code and also under Section 3 (2) (e) of the Prevention and Damage to Public Property Act. The alleged incident happened in connection with some protest. Instead of identifying the prominent persons among the mob and prosecuting them, the Police registered crime against so many persons identifiable, and thus proceeded against 93 persons as accused. As expected and desired, nobody identified the accused during trial. Many of the accused faced trial at different stages in different cases before the Court of Session, Kozhikode, and obtained judgment of acquittal. Cognizance was initially taken as C.C No.355 of 2000, wherein some of the accused obtained judgment of acquittal. Later, S.C No.481 of 2000 proceeded against some of the accused and they also Crl.M.C No.5684 of 2014 2 obtained judgment of acquittal. S.C No.455 of 2002 and 456 of 2002 refiled against some of the accused also ended in acquittal. Some other accused faced trial in S.C260of 2003. They also obtained judgment of acquittal, when the material witnesses turned hostile to the prosecution. Now the original 10th accused, whose case stands split up as S.C712of 2012 seeks orders under Section 482 of the Code of Criminal Procedure quashing the prosecution on the ground that the proceeding against him will not serve any purpose.
2. I find that the witnesses in this case cannot be blamed for not having identified any of the miscreants or members of the mob. Blame must be on the police for having registered the crime against so many persons without identifying and detecting the prominent members of the mob, who committed acts of mischief at the scene of the incident, and who prompted the others to commit such acts. Naturally, what happened is that during trial the material witnesses could not identify any of the miscreants. Consequently, almost all the accused had to be acquitted by the trial court at different stages. No doubt, the present Crl.M.C No.5684 of 2014 3 prosecution against the petitioner herein will not serve any purpose in the above circumstances. Nobody can support the prosecution, when the case goes to trial against him. The Hon'ble Supreme Court has held in so many decisions that where prosecution will not serve any purpose, or will only waste the precious time of the court, the High Court can very well act under Section 482 of Cr.P.C and quash the prosecution. In this case, I am definite that the prosecution cannot in any manner improve the case as against the petitioner herein, if the case against him goes to trial. None of the witnesses could identify any of the miscreants, or members of the mob, during trial at different stages in different cases. Such witnesses cannot in any manner help the prosecution when the case goes to trial against the petitioner herein. No doubt, the proceeding as against the petitioner herein will not serve any purpose other than wasting the precious time of the court. I am inclined to quash the prosecution as against him, by applying the decisions of the Hon'ble Supreme Court containing the guidelines for exercise of jurisdiction under Section 482 of Crl.M.C No.5684 of 2014 4 the Code of Criminal Procedure. In the result, this petition is allowed. The prosecution against the petitioner herein in C.C.712 of 2012 pending before the Additional Sessions Court - V, Kozhikode will stand quashed under Section 482 of the Code of Criminal Procedure, and the petitioner will stand released from prosecution. The bail bond, if any, executed by the petitioner will stand discharged. Sd/- P.UBAID JUDGE ma /True copy/ P.S to Judge