Crl.MC/2320/2021 of MUJEEBREHIMAN Vs THE STATE OF KERALA on 31 December 2021

Order

This petition under Section 482 Cr.P.C. has been filed on the basis that the co-accused had been acquitted and thus theproceedings against the petitioner is also liable to be quashed as thevery substratum of the case against him is lost.

2. The petitioner is the accused No. 5 in C.C. No. 12 of 2005 onthe file of the JFCM Court, Nilambur arising from Crime No. 588 of2004 of Nilambur Police Station, alleging offences punishable underSections 143, 147, 148, 323, 324 r/w Section 149 of IPC.

3. Following the investigation, the final report was filed beforethe JFCM, Nilambur, and CC No.12 of 2005 was taken on file. In CCNo.12 of 2005 accused Nos. 1, 3 and 4 were acquitted by Annexure BJudgment, and the case was split up and refiled as C.C. No. 327 of2006 before the same Court and later it was transferred to theregister of long pending cases as LP No.62 of 2017 and when the 2[nd]accused surrendered, his case was re-numbered as CC No.96 of 2009and in that case he was also acquitted.

4. Heard the learned counsel for the petitioner and the learnedPublic Prosecutor.

Crl.M.C No.2320 of 2021

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5. Having heard the learned counsel and perusing thejudgments acquitting accused Nos. 1 to 4, I am of the view that nopurpose is going to be served by the continuance of the proceedings.

6. In view of the evidence led and going by the principles laiddown by the Full Bench in Moosa v. Sub Inspector of Police (2006(1) KLT 552), no purpose will be served by directing the petitioner toface trial at this stage. It will be a futile exercise and will only wastejudicial time. Apart from that, there is hardly any chance at all of theprosecution being successful or resulting in any conviction. Interestof justice demands invocation of Section 482 of the Cr.P.C. to quashthe entire proceedings. In the result, this Crl.M.C. is allowed andAnnexure - A final report and all further proceedings against thepetitioner in LP No 62 of 2017 on the files of the Judicial First ClassMagistrate Court, Nilambur, arising out of Crime No.588 of 2004 ofthe Nilambur Police Station, Malappuram District are hereby quashed.

Sd/-

MOHAMMED NIAS C.P., JUDGE.

APPENDIX OF CRL.MC 2320/2021

PETITIONER'S ANNEXURESANNEXURE-A

ANNEXURE-ACERTIFIED COPY OF THE FINAL REPORT IN CRIMENO.588/2004 OF THE NILAMBUR POLICE STATIONANNEXURE-BCERTIFIED COPY OF THE JUDGMENT IN CC NO.12/2005 OF J.F.C.M., NILAMBUR DT 31.8.2006

ANNEXURE-C

CERTIFIED COPY OF THE JUDGMENT DATED, 28.6.2010 IN CC NO.96/2009 OF J.F.C.M., NILAMBUR