Mujeebrehiman vs the State of Kerala

Mujeebrehiman vs The State of Kerala

Type Court Judgment Court Kerala Decided Dec 31, 2021

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https://sooperkanoon.com/case/1633872

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Citation: sooperkanoon.com/1633872
Court: Kerala High Court
Judge: Honourable Mr.Justice Mohammed Nias C.P.
Decided On: Dec 31, 2021
Case Number: Crl.MC/2320/2021

Parties & Advocates

Appellant / Petitioner

Mujeebrehiman

Respondent

The State of Kerala

Excerpt

.....very substratum of the case against him is lost.2. the petitioner is the accused no. 5 in c.c. no. 12 of 2005 onthe file of the jfcm court, nilambur arising from crime no. 588 of 2004 of nilambur police station, alleging offences punishable under sections 143, 147, 148, 323, 324 r/w section 149 of ipc.3. following the investigation, the final report was filed beforethe jfcm, nilambur, and cc no.12 of 2005 was taken on file. in cc no.12 of 2005 accused nos. 1, 3 and 4 were acquitted by annexure b judgment, and the case was split up and refiled as c.c. no. 327 of 2006 before the same court and later it was transferred to the register of long pending cases as lp no.62 of 2017 and when the 2 nd accused surrendered, his case was re-numbered as cc no.96 of 2009 and in that case he was also acquitted.4. heard the learned counsel for the petitioner and the learned public prosecutor. :: 3 :5. having heard the learned counsel and perusing the judgments acquitting accused nos. 1 to 4, i am of the view that no purpose is going to be served by the continuance of the proceedings.6. in view of the evidence led and going by the principles laid down by the full bench in moosa v. sub inspector of police (2006(1) klt 552), no purpose will be served by directing the petitioner toface trial at this stage. it will be a futile exercise and will only waste judicial time. apart from that, there is hardly any chance at all of the prosecution being successful or resulting in any conviction. interest of justice demands invocation of section 482 of the cr.p.c. to quash the entire proceedings. in the result, this crl.m.c. is allowed and annexure - a final report and all further proceedings against the petitioner in lp no 62 of 2017 on the files of the judicial first class magistrate court, nilambur, arising out of crime no.588 of 2004 of the nilambur police station, malappuram district are hereby quashed.sd/- mohammed nias c.p., judge. dlk/31.12.2021 :: 4 : appendix of crl.mc 2320/2021.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. FRIDAY, THE 31ST DAY OF DECEMBER 2021 / 10TH POUSHA, 1943 CRL.MC NO. 2320 OF 2021 CRIME NO.588/2004 OF Nilambur Police Station, Malappuram IN LP 62/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,
PETITIONER/ACCUSED (ORIGINAL ACCUSED NO.5): MUJEEBREHIMAN AGED 46 YEARS S/O. UNNICHEKKU, PULATH PULIKKOTTIL HOUSE, AMARAMABALAM AMSOM, NILAMBUR, MALAPPURAM DISTRICT BY ADV K.RAKESH RESPONDENTS/STATE & COMPLAINANT: 1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI,PIN-682 031 2 THE STATION HOUSE OFFICER, NILAMBUR POLICE STATION, MALAPPURAM DISTRICT,PIN-679 329 BY PUBLIC PROSECUTIR SRI.RANJITH GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31.12.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: :: 2 :

Order

This petition under Section 482 Cr.P.C. has been filed on the basis that the co-accused had been acquitted and thus the proceedings against the petitioner is also liable to be quashed as the very substratum of the case against him is lost.

2. The petitioner is the accused No. 5 in C.C. No. 12 of 2005 on

the file of the JFCM Court, Nilambur arising from Crime No. 588 of 2004 of Nilambur Police Station, alleging offences punishable under Sections 143, 147, 148, 323, 324 r/w Section 149 of IPC.

3. Following the investigation, the final report was filed before

the JFCM, Nilambur, and CC No.12 of 2005 was taken on file. In CC No.12 of 2005 accused Nos. 1, 3 and 4 were acquitted by Annexure B Judgment, and the case was split up and refiled as C.C. No. 327 of 2006 before the same Court and later it was transferred to the register of long pending cases as LP No.62 of 2017 and when the 2 nd accused surrendered, his case was re-numbered as CC No.96 of 2009 and in that case he was also acquitted.

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. :: 3 :

5. Having heard the learned counsel and perusing the judgments acquitting accused Nos. 1 to 4, I am of the view that no purpose is going to be served by the continuance of the proceedings.

6. In view of the evidence led and going by the principles laid down by the Full Bench in Moosa v. Sub Inspector of Police (2006

(1) KLT 552), no purpose will be served by directing the petitioner to

face trial at this stage. It will be a futile exercise and will only waste judicial time. Apart from that, there is hardly any chance at all of the prosecution being successful or resulting in any conviction. Interest of justice demands invocation of Section 482 of the Cr.P.C. to quash the entire proceedings. In the result, this Crl.M.C. is allowed and Annexure - A final report and all further proceedings against the petitioner in LP No 62 of 2017 on the files of the Judicial First Class Magistrate Court, Nilambur, arising out of Crime No.588 of 2004 of the Nilambur Police Station, Malappuram District are hereby quashed.

Sd/- MOHAMMED NIAS C.P., JUDGE. Dlk/31.12.2021 :: 4 : APPENDIX OF CRL.MC 2320/2021 PETITIONER'S ANNEXURES ANNEXURE-A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.588/2004 OF THE NILAMBUR POLICE STATION ANNEXURE-B CERTIFIED COPY OF THE JUDGMENT IN CC NO.12/2005 OF J.F.C.M., NILAMBUR DT 31.8.2006 ANNEXURE-C CERTIFIED COPY OF THE JUDGMENT DATED, 28.6.2010 IN CC NO.96/2009 OF J.F.C.M.,

Same Court & Year Kerala · 2021 Same Parties Mujeebrehiman vs The State of Kerala Same Judge Honourable Mr.Justice Mohammed Nias C.P.