Kerala High Court
Shanavas vs The State Of Kerala on 17 January, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 17TH DAY OF JANUARY 2024 / 27TH POUSHA, 1945
CRL.MC NO. 6126 OF 2021
CRIME NO.182/2008 OF Malappuram Police Station, Malappuram
AGAINST THE ORDER/JUDGMENT CC 1462/2018 OF JUDICIAL MAGISTRATE OF
FIRST CLASS ,MALAPPURAM
PETITIONER/ACCUSED NO.2:
SHANAVAS
AGED 38 YEARS
S/O.MUHAMMEDALI, VALIYAT HOUSE, PANAKKAD AMSOM,
PATTARKADAVU DESOM, KIYALPADI, MALAPPURAM DISTRICT -
676519.
BY ADV E.C.AHAMED FAZIL
RESPONDENTS/STATE-COMPLAINANT:
1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA., ERNAKULAM - 682 031.
2 THE SUB INSPECTOR OF POLICE
MALAPPURAM POLICE STATION, MALAPPURAM DISTRICT - 676
505.
OTHER PRESENT:
SRI. M.C. ASHI (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.01.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 6126 OF 2021
2
BECHU KURIAN THOMAS, J.
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Crl.M.C. No. 6126 of 2021
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Dated this the 17th day of January, 2024
ORDER
Petitioner was the 2nd accused in C.C.No.71/2013 before the Judicial First Class Magistrate's Court Malappuram. Since he was absconding, the case against him was split up and renumbered as C.C.No.1462/2018. In the meantime, the trial against accused 1 and 3 was completed, and by judgment dated 14-07-2015 those accused were acquitted. Petitioner seeks the benefit of the acquittal of the co-accused.
2. Sri.Ahamed Fazil E.C., the learned counsel for the petitioner, submitted that on a perusal of Anneuxre- A2 judgment, it is evident that there was absolutely no evidence to connect the accused with the crime. None of the witnesses had spoken in tune with the prosecution case, and therefore, accused 1 and 3 were acquitted. It was contended that since the petitioner, being the original 2nd accused, stands on the same footing as CRL.MC NO. 6126 OF 2021 3 accused 1 and 3, the benefit of acquittal ought to be extended him as well.
3.Sri.Ashi M.C., the learned Public Prosecutor opposed the application and submitted that petitioner has to face the trial and that the benefit of acquittal of the other accused cannot be extended to him in the peculiar circumstances of the case.
4. On a perusal of Annexure-A2 judgment, it is evident that, out of the two witnesses examined by the prosecution, PW-1 was the eyewitness who stated before Court that he had not seen the incident as alleged by the prosecution. The remaining evidence was only that of an attestor to a scene mahasar, whose evidence cannot have any relevance as far as the alleged criminal act of the petitioner is concerned. Since even the lone eye witness had spoken against the prosecution case, there is no purpose in continuing the prosecution against the petitioner.
5. Accordingly, this Court is of the view that the benefit of acquittal of the co-accused ought to be extended to the petitioner.
CRL.MC NO. 6126 OF 2021 4 Hence, all proceedings against the petitioner in C.C.No.1462 of 2018 on the files of the Judicial First Class Magistrate's Court, Malappuram, is hereby quashed.
BECHU KURIAN THOMAS JUDGE AJM CRL.MC NO. 6126 OF 2021 5 APPENDIX OF CRL.MC 6126/2021 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF FINAL REPORT IN CRIME NO.182 OF 2008 OF MALAPPURAM POLICE STATION, MALAPPURAM DISTRICT.
Annexure A2 TRUE COPY OF JUDGMENT DATED 14/07/2015 IN CC NO.71 OF 2013 PASSED BY JUDICIAL FIRST CLASS MAGISTRATE COURT, MALAPPURAM.
TRUE COPY