M.K.Mohammed Rawther Vs. State of Kerala - Court Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE11H DAY OF FEBRUARY201422ND MAGHA, 1935 Crl.MC.No. 3866 of 2012 ------------------------ AGAINST CC752010 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, ALATHUR PETITIONER/ACCUSED NO.2: ----------------------- M.K.MOHAMMED RAWTHER, CHEERANI, KOLLANGODE, PALAKKAD DISTRICT. BY ADVS.SRI.K.RAMAKUMAR (SR.) SRI.S.M.PRASANTH SMT.SMITHA GEORGE RESPONDENTS/STATE & COMPLAINANT : ------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

2. SUNITHA, D/O.CHANDRAN, THEKKETHARA, KANNAMBRA, PALAKKAD- 678 686. BY PUBLIC PROSECUTOR SMT.P.MAYA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON1102-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 3866 of 2012 APPENDIX PETITIONER'S EXHIBITS ANNEXURE-A1: COPY OF THE ORDER

DATED1711.2011 IN CRL.M.C.NO.3103 OF2011 ANNEXURE-A2: COPY OF THE CHARGE SHEET DATED42.2010. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A TO JUDGE ab P.UBAID, J.

----------------------------------- Crl.M.C No.3866 of 2012 ------------------------------------- Dated this the 11th day of February, 2014 ORDER

The petitioner herein is the 2nd accused in C.C.No.75/2010 before the Judicial First Class Magistrate Court, Alathur. The prosecution is under Sections 5 and 8(1) of the Explosives Act and also Sections 286, 337 and 338 of IPC, on the allegation that at about 6.40 pm on 24.5.2009 at the compound of Sreekurumba Bhagavathy Temple the petitioner herein and the co-accused rashly and negligently, without taking any precautionary measures, dealt with and exploded some fire works in connection with a festival, and the said explosion caused simple and grievous injuries to many persons assembled there. The 1st accused is the manufacturer of the fire works and the accused Nos.2 and 3 are his employees, or who otherwise helped him in the process. The petitioner now seeks an order quashing the prosecution as against him, under Section 482 of the Code of Criminal Crl.M.C No.3866 of 2012 2 Procedure.

2. It is submitted that this Court has already quashed the prosecution against accused Nos.4 to 7, 9 and 10 as per order dated 17.11.2011 in Crl.M.C No.3103/2011 on consideration that they are only the members of the festival committee.

3. On a perusal of the case records including the final report submitted by the police, this Court finds that definite allegations are there in the final report, regarding the actual involvement of accused Nos.2 and 3 in the process of explosion. The petitioner herein or the co-accused will not get the consideration given to accused Nos.4 to 7, 9 and 10, that they are only the members of the festival committee. Of course, it is true that the allegation is not that the petitioner and others intentionally and voluntarily caused some mischief or caused simple and grievous injuries on the body of different persons by explosion. The allegation is that they did the acts negligently, or without taking the required precautionary measures. Whether the petitioner and the Crl.M.C No.3866 of 2012 3 other co-accused had in fact failed in their duty to take such measures or whether they had negligently or rashly involved in the explosion, is a matter to be decided on trial. This Court does not find any reason or necessity for quashing the prosecution as such against the 2nd accused. The main accused involved in the crime are accused Nos.1 to 3. In such circumstances, the prosecution as against the petitioner cannot be quashed under Section 482 of the Code of Criminal Procedure. He will have to face the trial, and the trial court will have to decide whether he had any culpable involvement in the alleged explosion. In the result this Crl.M.C is dismissed. P.UBAID JUDGE ab