Kerala High Court
Abdul Khader vs State Of Kerala on 17 December, 2019
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 17TH DAY OF DECEMBER 2019 / 26TH AGRAHAYANA, 1941
Crl.MC.No.3584 OF 2019(G)
AGAINST THE ORDER/JUDGMENT IN CC 763/2017 OF JUDICIAL MAGISTRATE
OF FIRST CLASS - I, KATTAPPANA, IDUKKI
CRIME NO.510/2009 OF Kattappana Police Station , Idukki
PETITIONER/ACCUSED NO.4:
ABDUL KHADER
AGED 71 YEARS
S/O.SAYED MUHAMMAD, THOTTIPPARAMBIL HOUSE,
THYKKODAM KARA, POONITHURA VILLAGE, ERNAKULAM
DISTRICT.
BY ADVS.
SRI.S.RAJEEV
SRI.K.K.DHEERENDRAKRISHNAN
SRI.V.VINAY
SRI.D.FEROZE
SRI.K.ANAND (A-1921)
RESPONDENT/STATE/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031, (CRIME NO.510/2009 OF
KATTAPPANA POLICE STATION, IDUKKI DISTRICT).
OTHER PRESENT:
V.SREEJA-P.P
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC 3584/2019
2
ASHOK MENON, J.
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Crl.M.C.No.3584 Of 2019
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Dated this the 17th day of December, 2019
O R D E R
Petitioner is the fourth accused in Crime No.510/2009 of Kattappana Police Station, which was originally taken on file as CC No.428/2010 of the Judicial First Class Magistrate's Court-I, Kattappana for having allegedly committed offences punishable under Section 420 read with Section 34 IPC, together with three other accused.
2. When the case came up for trial, the third accused alone faced trial. After examining the witnesses, the court came to the positive conclusion that there is absolutely no evidence as against the accused who faced the trial and acquitted him under Section 248(1) Cr.PC vide judgment dated 25.7.2012 at Annexure-AII. The case as against accused 1, 2 and 4 was split up and re-filed as CC No.386/2012. The case Crl.MC 3584/2019 3 against the petitioner was again split up and re-filed as CC No.763/2017 and is presently pending on the files of the Judicial First Class Magistrate's Court-I, Kattappana.
3. The learned counsel appearing for the petitioner pointing to the discussions made in Annexure-II judgment states that the prosecution as against the petitioner will not lie, particularly for the reason that the documents which were allegedly mortgaged twice still continue to be in the possession of the Kerala Financial Corporation (KFC). He has also obtained information under the Right to Information Act produced as Annexure-III, which specifically states that the original documents are all presently in the possession of the KFC. Under the circumstances, proceeding with the trial as against the petitioner again will not yield any result and would only amount to exercising futility and wastage of precious judicial time.
In the result, the Criminal M.C. is allowed and Crl.MC 3584/2019 4 the entire proceedings as against the petitioner herein in CC No.763/2017 on the files of the Judicial First Class Magistrate's Court-I, Kattappana shall stand quashed under Section 482 Cr.PC and the petitioner/ fourth accused is discharged.
Sd/-
ASHOK MENON JUDGE jg Crl.MC 3584/2019 5 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE I TRUE COPY OF THE FINAL REPORT IN CRIME NO.510/2009 OF KATTAPPANA POLICE STATION, NOW PENDING AS CC NO.763/2017.
ANNEXURE II TRUE COPY OF THE JUDGMENT DATED 25.07.2012 IN CC NO.428/2010 PASSED BY THE JUDICIAL MAGISTRATE OF FIRST CLASS, KATTAPPANA.
ANNEXURE III TRUE COPY OF THE INFORMATION SOUGHT BY THE PETITIONER AND REPLY DATED 10.05.2019 ISSUED BY KFC, KATTAPANA BRANCH.