IN THE HIGH COURT OF KERALA AT ERNAKULAM
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
MOHAMMEDALI @ BAPPUTTY, AGED 49 YEARS
S/O.MOHAMMED, KADUKAKKUNNAN HOUSE, KOPPAM,
PAPPADAPAPPADI, PATTAMBI, PALAKKAD DISTRICT.
BY ADV. SRI.P.SAMSUDIN
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.
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
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 :-
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.
sdk+ ALEXANDER THOMAS, JUDGE
Crl.M.C.3637/19 – : 5 :-
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)