IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

TUESDAY, THE 28TH DAY OF MAY 2019 / 7TH JYAISHTA, 1941

Crl.MC.No. 3637 of 2019

AGAINST THE ORDER/JUDGMENT IN CC 314/2014 of JUDICIAL MAGISTRATE
OF FIRST CLASS-I,MANJERI

CRIME NO. 220/2013 OF Kalikavu Police Station , Malappuram

PETITIONER/S:

MOHAMMEDALI @ BAPPUTTY, AGED 49 YEARS
S/O.MOHAMMED, KADUKAKKUNNAN HOUSE, KOPPAM,
PAPPADAPAPPADI, PATTAMBI, PALAKKAD DISTRICT.

BY ADV. SRI.P.SAMSUDIN

RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

2 RAMLATH, AGED 48 YEARS
D/O.MOHAMMED ALI, POONTHANATH HOUSE, KALIKAVU.P.O,
NILAMBUR, MALAPPURAM DISTRICT, PIN-676525.

OTHER PRESENT:
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR FOR R1,
SRI.BINU V V VEETTIL VALAPPIL FOR R2

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
28.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.

Crl.M.C.No. 3637 of 2019

Dated this the 28th day of May, 2019
ORDER

The petitioner herein is original accused No.1 in Anx. A-1 final

report/charge sheet in Crime No.220/2013 of Kalikavu Police Station,

for offences registered under Secs.498A, 406, 416, 420 read with

Sec.34 of the SectionI.P.C. Original accused No.2 faced trial. After meticulous

apprisal of the evidence on record, the trial court concluded in Anx.

A-3 judgment dt.30.3.2019 in C.C.No. 314/2014 of JFCM-I, Manjeri,

that there is no evidence to connect the said co-accused person with

the impugned criminal charges and had accordingly, acquitted the

said co-accused. The case against the petitioner herein has

subsequently been re-numbered as C.C.No.210/2019 on the file of the

Judicial First Class Magistrate’s Court-I, Manjeri. The petitioner has

filed the instant criminal case with the prayer for quashment of the

impugned criminal proceedings pending against him on the ground

that the substratum of the prosecution case has been shattered by the

acquittal of the said co-accused person as per Anx.A-3 judgment.

2. Heard Sri.P.Samsudin, learned counsel for the petitioner,

Sri.V.V.Binu, Veettil Valappil, learned counsel for the 2nd respondent

and the learned Public Prosecutor appearing for the respondent State
Crl.M.C.3637/19 – : 3 :-

of Kerala.

3. On a perusal of Anx. A-3 judgment it can be seen that the

trial court has conclusively held that there is no evidence to connect

the said co-accused person (A-2) with the impugned charges and

acquitted the said co-accused person. From a mere reading of Anx.

A-3 judgment it is crystal clear that the substratum of the prosecution

has been shattered by the acquittal of the said co-accused persons. No

meaningful purpose will be subserved by prolonging the agony of the

impugned criminal proceedings now pending against the petitioners.

Any further continuance of the impugned criminal proceedings would

amount to mere wastage of precious resources of the State including

that of the judiciary. This Court in the cases as in SectionMoosa v. Sub

Inspector of Police reported in 2006 (1) KLT 552, SectionAshraf

Kancheriyil v. State of Kerala reported in 2011(2) KHC 8123,

and SectionAbbas v. State of Kerala 2013 (2) KLT 976, has held that if

the substratum of the prosecution is demolished by the acquittal of

the co-accused, this Court could exercise the powers under Sec.482 of

the SectionCr.P.C. to consider the prayer of quashment of the impugned

criminal proceedings against the other accused. Moreover it is seen

that the the petitioner and the contesting respondent No.2 have
Crl.M.C.3637/19 – : 4 :-

settled their disputes (arising out of the impugned crime) as borne

out by Anx. A-3 affidavit sworn to by the 2 nd respondent defacto

complainant, in which she has stated that she has no objection for

quashment of the impugned criminal proceedings against the

petitioner herein. In this view of the matter, it is ordered in the

interest of justice that the impugned Anx. A-1 final report/charge

sheet filed in the impugned Crime No. 220/2013 of Kalikavu Police

Station, which has led to the pendency of C.C.No.210/2019 on the

file of the Judicial First Class Magistrate’s Court-I, Manjeri, and all

further proceedings arising therefrom pending against the petitioner

herein stand quashed.

The petitioner will produce certified copies of this order before

the investigating officer concerned and the competent court below

concerned. The office of the Advocate General will forward copy of

this order to the investigating officer concerned for information.

With these observations and directions, the Criminal

Miscellaneous Case stands finally disposed of.

Sd/-

sdk+ ALEXANDER THOMAS, JUDGE
Crl.M.C.3637/19 – : 5 :-

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 THE COPY OF THE FIR AND FINAL REPORT IN CRIME
NO.220/2013 OF KALIKAVU POLICE STATION

ANNEXURE A2 TRUE COPY OF THE ORDER DATED 20.03.2019 IN CC
314/21014 OF THE JFCM COURT, MANJERI

ANNEXURE A3 THE AFFIDAVIT DATED 28.03.2019 SWORN IN BY
THE 2ND RESPONDENT 9DE-FACTO COMPLAINANT)