Kerala High Court
Sajid vs State Of Kerala on 10 March, 2020
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 10TH DAY OF MARCH 2020 / 20TH PHALGUNA, 1941
Crl.MC.No.4665 OF 2017
AGAINST THE ORDER/JUDGMENT IN CC 1282/2016 OF JUDICIAL
MAGISTRATE OF FIRST CLASS ,TALIPARAMBA
CRIME NO.599/2009 OF Thaliparamba Police Station , Kannur
PETITIONER/ACCUSED NO.1:
SAJID
S/O.MUHAMMED KUNHI, AGED 31 YEARS, PAROL HOUSE,
CHENAYANNUR, KUTTIYERI P.O, KUTTIYERI AMSOM,
TALIPARAMBA TALUK, KANNUR DISTRICT 670 141
BY ADVS.
SRI.V.A.SATHEESH
SRI.V.T.MADHAVANUNNI
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF
KERALA AT EERNAKULAM THROUGH S.H.O TALIPARAMBA
POLICE STATION, KANNUR DISTRICT 670 141.
OTHER PRESENT:
SRI. C.S. HRITHWIK SR. PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC 4665/2017
2
O R D E R
Dated this the 10th day of March 2020 Petitioner is the first accused in Crime No.599/2009 of Taliparamba Police Station for having allegedly committed offences punishable under Sections 341, 323 and 324 read with Section 34 IPC, together with two other accused. The parent case was taken on file as CC No.188/2010 on the files of the Judicial First Class Magistrate's Court, Taliparamba and on facing trial, vide Annexure-A2 judgment, accused Nos.2 and 3 were found not guilty giving them the benefit of doubt and the case against the petitioner/first accused, was split up and re-filed as CC No.1282/2016 which is still pending before the said court. The petitioner seeks to quash the proceedings as against him, in view of the judgment acquitting accused Nos.2 and 3. A reading of the judgment would indicate that the evidence of PWs 1 to 3 was not totally reliable as Crl.MC 4665/2017 3 against the accused therein and they were given the benefit of doubt. Nevertheless, all the witnesses and the injured were testified and given the name of the petitioner herein as the person who wielded iron rod for inflicting injuries upon them. Under the circumstances, the petitioner cannot take advantage of the acquittal of accused Nos. 2 and 3 to his benefit. He may have to face trial.
2. The learned counsel for the petitioner has also produced Annexure-A3 letter of the Government issued to the District Collector, Kannur dated 27.6.2013 informing that the Government has no objection to withdraw from the prosecution in Crime No.599/2009 of Taliparamba Police Station. It is not understood what happened to that sanction granted by the Government. No petition is seen filed by the Assistant Public Prosecutor requesting Court's permission to withdraw from the prosecution under Section 321 Cr.PC. It is also not understood what the court did, if such an application is filed by the Crl.MC 4665/2017 4 Assistant Public Prosecutor. In the absence of such steps taken, it is to be understood that the court did not permit withdrawal of the prosecution under Section 321 Cr.PC and proceeded to pronounce the judgment on 19.8.2016, after a full-fledged trial. Under the circumstances, the petitioner cannot at this point in time take advantage of the withdrawal of the prosecution by the Government as per Annexure-A3 also. The petitioner is directed to face trial in CC No.1282/2016 on the files of Judicial First Class Magistrate's Court, Taliparamba.
With these observations, the Crl.MC is dismissed.
Sd/-
ASHOK MENON JUDGE jg Crl.MC 4665/2017 5 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO 599/2009 OF TALIPARAMBA POLICE STATION ANNEXURE A2 TRUE CERTIFIED COPY OF THE JUDGMENT IN C.C NO 188/2010 ON THE FILE OF J.F.C.M COURT, TALIPARAMBA ANNEXURE A3 TRUE COPY OF THE ORDER NO.75697/L4/I2/HOME DATED 27-06-2013 ANNEXURE A4 RECEIPT ISSUED FROM JFCM COURT, TALIPARAMBA TO THE PETITIONER DATED 25.7.2017