Navas @ Navas Khan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 3RD DAY OF FEBRUARY 2015/14TH MAGHA, 1936 Crl.MC.No. 664 of 2015 () -------------------------- IN CC 1010/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT -II, PERINTHALMANNA CRIME NO. 40/2013 OF MANKADA POLICE STATION , MALAPPURAM PETITIONER(S):

-------------------------- NAVAS @ NAVAS KHAN, S/O.ABDUL KHADER, VALAMBUR, NELLIKKAPARAMBU TIRURKKAD, MALAPPURAM DISTRICT.

BY ADVS.SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH SRI.V.S.SHIRAZ BAVA SRI.JOSEPH KURIAN VALLAMATTAM RESPONDENT(S):

----------------------------

1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM

2. THE SUB INSPECTOR OF POLICE, MANKADA, MALAPPURAM DISTRICT.

3. NOUFAL, S/O.MUHAMMED, KIZHIKATTIL HOUSE, THIRURKAD.

4. SHAFEEK, S/O.HANEEFA, NOTTATH HOUSE, THIRURKAD MALAPPURAM DISTRICT.

5. MUHAMMED FAIZAL, S/O.MUHAMMEDALI, MUCHIKKAL HOUSE, VALAMBUR AMSOM THIRURKAD, MALAPPURAM DISTRICT.

R BY PUBLIC PROSECUTOR SMT. S. HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-022015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 664 of 2015 () -------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- A1: TRUE COPY OF THE JUDGMENT DATED 29/10/2014 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, PERINTHALMANNA A2: TRUE COPY OF THE CHARGE SHEET IN CRIME 40/2013 OF MANKADA POLICE STATION, THE COGNIZANCE OF WHICH WAS TAKEN AS C.C 511/2013 ON THE FILE OF JFCM-II, PERINTHALMANNA AND WHICH WAS SPLIT UP AGAINST THE PETITIONER HEREIN AND REFILLED AS C.C. 1010/2014.

A3: TRUE COPY OF THE DEPOSITION OF THE PW1 A4: TRUE COPY OF THE DEPOSITION OF THE PW2 A5:TRUE COPY OF THE DEPOSITION OF THE PW3 RESPONDENT(S)' EXHIBITS: NIL --------------------------------------- /TRUE COPY/ PA TO JUDGE sab

P.UBAID, J.

----------------------------- Crl. M.C No. 664 of 2015 --------------------------------------- Dated this the 3rd day of February, 2015.

O R D E R

The petitioner herein is the original accused No.6 in C.C 511/2013 of the Judicial First Class Magistrate Court- II, Perinthalmanna. The offences involved in this case are under Sections 143, 147, 148, 341, 323, 324, 326 and 506(i) r/w 149(1) of IPC. The other 6 accused faced trial before the trial court, and obtained a judgment of acquittal under Section 248(1) Cr.P.C, when all the material witnesses turned hostile to the prosecution in view of an amicable settlement made by the parties out of court. The prosecution examined 3 witnesses in the said case, and also marked Ext. P1 FI statement. None of the material witnesses examined in the case supported the prosecution. In such a circumstance, examination of the others was dispensed with and evidenced was closed by the trial court.

In the absence of any evidence or incriminating circumstance, the learned Magistrate acquitted the accused Nos.1 to 5 and 7. The case against the petitioner herein was split up and refiled as C.C No.1010/2014.

Crl. M.C No. 664 of 2015 totally lost by the acquittal of the others, and continuance of the prosecution against him will not serve any purpose. Annexure I judgment in C.C No.511/2013 shows that all the material witnesses examined by the prosecution in the said case turned hostile in view of an amicable settlement made by the parties out of court. In such a situation, it is quite definite that the prosecution cannot in any manner improve the case, and the witnesses also cannot in any manner help the prosecution, if the case against the petitioner goes to trial. In short, such proceeding will be a sheer waste of time. In the result, this petition is allowed. The prosecution against the petitioner in C.C No.1010/2014 of the Judicial First Class Magistrate Court - II, Perinthalmanna will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioner will stand released from prosecution, and the bail bond, if any, executed by him will stand discharged.

P.UBAID, JUDGE sab