Kerala High Court
Nasar vs State Of Kerala on 17 February, 2012
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
THURSDAY, THE 23RD DAY OF OCTOBER 2014/1ST KARTHIKA, 1936
Crl.MC.No. 5988 of 2014
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CRIME NO. 153/2012 OF BATAGARA POLICE STATION, KOZHIKODE
PETITIONER:
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1. NASAR, AGED 46 YEARS,
S/O. AMMAD, OTHAYOTH HOUSE, AYANCHERY P.O,
VADAKARA TALUK, KOZHIKODE - 673 544.
2. KUNHAMMAD, AGED 59 YEARS,
S/O. KUNHABDULLA, KUNDUPOYIL HOUSE,
AYANCHERY P.O,
VADAKARA TALUK,
KOZHIKODE - 673 544.
BY ADV. SRI.SAJEEVAN KURUKKUTTIYULLATHIL
RESPONDENTS:
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1. STATE OF KERALA
REPRESENTED BY THE SUB INSPECTOR OF POLICE,
BADAGARA POLICE STATION
THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM.
2. ABDURAHMAN,
S/O. KUNHIPOKKAR, SALALA MANZIL,
VALLYAD P.O,
VADAKARA TALUK, KOZHIKODE.
R2 BY ADV. SRI.RAJ MOHAN R.PILLAI
R1 BY PUBLIC PROSECUTOR SMT.S.HYMA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 23-10-2014, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.MC.No. 5988 of 2014
APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE 1: COPY OF THE FIRST INFORMATION REPORT DATED 17.2.2012
IN CRIME NO.153/2012 IN BADAGARA POLICE STATION.
ANNEXURE 2: COPY OF THE FINAL REPORT DATED 5.3.2012 IN CRIME IN
BADAGARA POLICE STATION
ANNEXURE 3: COPY OF THE JUDGMENT DATED 17.7.2013 OF THE JUVENILE
JUSTICE BOARD.
ANNEXURE 4: NOTARIZED COPY OF THE AFFIDAVIT SIGNED BY THE DEFACTO
COMPLAINANT.
RESPONDENTS' ANNEXURES:
NIL
//TRUE COPY//
P.A TO JUDGE
ab
P.UBAID, J.
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Crl.M.C No.5988 of 2014
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Dated this the 23rd day of October, 2014
O R D E R
The petitioners herein are the two accused in C.C.No.574/2012 before the Judicial First Class Magistrate Court, Vadakara. The offences involved are under Sections 341, 323, 324 and 506(1) of the Indian Penal Code. One of the three accused involved in the crime was a juvenile on the date of the alleged incident. He faced trial in S.T No.8/2013 before the Juvenile Justice Board, Kozhikode, and obtained a judgment of acquittal when all the material witnesses turned hostile to the prosecution. When the material witnesses did not support the prosecution the learned Assistant Public Prosecutor dispensed with the examination of the remaining witnesses, and accordingly, the juvenile was acquitted by the Juvenile Justice Board by judgment dated 17.7.2013. Now the other accused seek orders under Section 482 of the Code of Criminal Procedure quashing the prosecution on the ground that they have settled the whole dispute amicably out of court, and that Crl.M.C No.5988 of 2014 2 continuance of prosecution against them will not serve any purpose.
2. A perusal of Annexure 3 judgment shows that all the material witnesses turned hostile when the case against other accused came up for trial before the Juvenile Justice Board. No doubt, they cannot improve the case, and they cannot give evidence otherwise against the petitioners herein when their case goes to trial. The defacto complainant has filed affidavit to the effect that he has settled the whole dispute with the accused and that he has no grievance or complaint.
In the result, this Criminal Miscellaneous Case is allowed. The prosecution pending against the petitioners herein in C.C. No.574/2012 before the Judicial First Class Magistrate Court, Vadakara will stand quashed under Section 482 of the Code of Criminal Procedure, and the petitioners will stand released from prosecution. The bail bond, if any, executed by the petitioners will stand discharged.
P.UBAID JUDGE ab