Kerala High Court
Musthafa Sirajudheen P.T vs State Of Kerala on 31 May, 2019
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 31ST DAY OF MAY 2019 / 10TH JYAISHTA, 1941
CRL.MC.NO. 3733 OF 2019
AGAINST C.C. NO.1089/2012 OF JUDICIAL FIRST CLASS MAGISTRATE
COURT, PAYYANNUR.
CRIME NO.206/2008 OF SREEKANDAPURAM POLICE STATION, KANNUR
PETITIONER/ACCUSED NO.1 :
MUSTHAFA SIRAJUDHEEN P.T.,
AGED 37 YEARS, S/O.MUHAMMED,
'AL-HILAL', PAZHAYANGADI,
SREEKANDAPURAM P.O., SREEKANDAPURAM AMASOM,
TALIPARAMBA TALUK, KANNUR DISTRICT-670 631.
BY ADVS. SRI.V.A.SATHEESH
SRI.V.T.MADHAVANUNNI
RESPONDENT/COMPLAINANT :
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSPECTOR,
HIGH COURT OF KERALA AT ERNAKULAM,
THROUGH S.H.O. SREEKANDAPURAM POLICE STATION,
KANNUR DISTRICT-670 631.
OTHER PRESENT:
SRI B.JAYASURYA, SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
31.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC.NO. 3733 OF 2019 2
ORDER
This petition is filed under Section 482 of the Cr.P.C.
2. The petitioner herein is the first accused in C.C. No.1089 of 2012 on the file of the Judicial First Class Magistrate Court, Payyannur. The aforesaid case has arisen from Crime No.206 of 2008 of the Sreekandapuram Police Station registered under Sections 143, 147, 148, 341 and 324 read with Section 149 of the Indian Penal Code.
3. The investigation in the aforesaid crime was completed and final report was laid before the learned Magistrate. Out of the 20 persons named in the final report, the petitioner was the 11 th accused. As the petitioner did not appear before the court below, the case against him was split up. While the proceedings were pending before the learned Magistrate, the learned Public Prosecutor submitted an application seeking to withdraw from the prosecution and the same was allowed under Section 321(b) of the Cr.P.C. and those accused were acquitted of all charges.
4. It is on the basis of the acquittal of the co-accused that this petition is filed seeking to quash the proceedings on the CRL.MC.NO. 3733 OF 2019 3 ground that the substratum of the case as against the petitioner has been shattered.
5. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.
6. Annexure-A3 is the judgment of acquittal rendered in favour of accused Nos. 1 to 10, 12 to 18 and 20 under Section 321(b) of the Cr.P.C. The petitioner herein is the 11 th accused. In view of Annexure-A3, the continuance of proceedings against the petitioner would not serve any purpose. It can only be a futile exercise and will only serve to waste precious judicial time which can be used for more productive work. This Court will be justified in quashing the proceedings under Section 482 of the Code.
In the result, this petition is allowed. Annexure-A2 final report and all proceedings pursuant thereto against the petitioner now pending as C.C.No.1089 of 2012 on the file of the Judicial First Class Magistrate Court, Payyannur are quashed.
SD/-
RAJA VIJAYARAGHAVAN V.,
JUDGE
NS
//TRUE COPY// P.A.TO JUDGE
CRL.MC.NO. 3733 OF 2019 4
APPENDIX
PETITIONER(S) ANNEXURES :
ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO.
206/2008 OF SREEKANDAPURAM POLICE STATION. ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.206/2008 OF SREEKANDAPURAM POLICE STATION.
ANNEXURE A3 CERTIFIED COPY OF THE ORDER NO. C.M. P NO.
1375/2014 IN C.C NO. 696/2011 ON THE FILE OF J..F.C.M COURT, PAYYANNUR.
RESPONDENT(S) ANNEXURES : NIL