Kunjubava @ Babu v. Kunjalavi

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 10TH DAY OF MARCH 2015/19TH PHALGUNA, 1936 Crl.MC.No. 1110 of 2015 () --------------------------- CP 15/2012 of JUDICIAL FIRST CLASS MAGISTRATE COURT- I, OTTAPPALAM ================ PETITIONER/ACCUSED NO.7:

------------------------------------------ KUNJUBAVA @ BABU, S/O.LATE ABDUL REHMAN AGED 44 YEARS, KALLUVETTUKUZHI VEEDU KADAMPAZHIPURAM, PALAKKAD BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENTS/DEFACTO COMPLAINANT/CWS 2 TO 6 AND STATE: ------------------------------------------------------------------------------------------------

1. KUNJALAVI, S/O.ABDULLA, PUNNASSERY VEEDU AGED 28 YEARS, VETTEKARA POST KADAMPAZHIPURAM, OTTAPALAM, PALAKKAD - 679 101.

2. VEERANKUTTY, S/O.KUNJALAVI, , AGED 38 YEARS PUNNASSERY VEEDU, VETTEKARA POST, KADAMPAZHIPURAM OTTAPALAM, PALAKKAD - 679 101.

3. SULAIMAN, S/O.KUNJALAVI, AGED 27 YEARS PUNNASSERY VEEDU, VETTEKARA POST, KADAMPAZHIPURAM OTTAPALAM, PALAKKAD - 679 101.

4. HUSSAIN, S/O.ABDULLA, AGED 30 YEARS PUNNASSERY VEEDU VETTEKARA POST KADAMPAZHIPURAM, OTTAPALAM, PALAKKAD - 679 101.

5. SHAMEER, S/O.KOYA, AGED 23 YEARS KORAMKULAM VEEDU, VETTEKARA POST KADAMPAZHIPURAM, OTTAPALAM, PALAKKAD - 679 101.

6. SAKEER, S/O.KOYA, AGED 30 YEARS KORAMKULAM VEEDU, VETTEKARA POST KADAMPAZHIPURAM, OTTAPALAM, PALAKKAD - 679 101

7. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031.

R1-R6 BY ADV. SRI.P.M.RAFIQ R7 BY PUBLIC PROSECUTOR SMT. P. MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 1110 of 2015 () APPENDIX PETITIONER'S EXHIBITS ----------------------------------- ANNX ACOPY OF THE FINAL REPORT IN CRIME NO.251/2011 OF SREEKRISHNAPURAM POLICE STATION, IN PALAKKAD DISTRICT IN C.P.NO.15/2012 ON THE FILE OF THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE, OTTAPALAM ANNX BTRUE COPY OF THE JUDGMENT IN S.C.NO.143/2012 OF THE COURT OF SESSION, PALAKKAD DIVISION DATED 1.4.14 ANNX CAFFIDAVIT SWORN BY THE 1ST RESPONDENT HEREIN EVIDENCING THE AFORESAID SETTLEMENT ANNX DAFFIDAVIT SWORN BY THE 2ND RESPONDENT HEREIN EVIDENCING THE AFORESAID SETTLEMENT ANNX EAFFIDAVIT SWORN BY THE 3RD RESPONDENT HEREIN EVIDENCING THE AFORESAID SETTLEMENT ANNX FAFFIDAVIT SWORN BY THE 4TH RESPONDENT HEREIN EVIDENCING THE AFORESAID SETTLEMENT ANNX GAFFIDAVIT SWORN BY THE 5TH RESPONDENT HEREIN EVIDENCING THE AFORESAID SETTLEMENT ANNX HAFFIDAVIT SWORN BY THE 6TH RESPONDENT HEREIN EVIDENCING THE AFORESAID SETTLEMENT RESPONDENTS' EXHIBITS -------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE SD

P. UBAID, J.

--------------------------------------- Crl.M.C.No.1110 of 2015 --------------------------------------- Dated this the 10th day of March, 2015

O R D E R

The petitioner herein is the 7th accused in S.C .143/2012 of Court of Session, Palakkad. The offences involved in this case are under Sections 143,147,148,341,323,324 and 308 read with 149 IPC. The other accused faced trial before the learned IIIrd Additional Sessions Judge, Palakkad, and obtained a judgment of acquittal under Section 235(1) Cr.P.C., when the prosecution failed to adduce evidence establishing and proving the charge leveled against the accused. The prosecution examined thirteen witnesses in the said case including the de facto complainant, and also marked Exts.P1 to P8. None of the material witnesses examined in the case supported the prosecution. In such a circumstance, examination of the others was dispensed with and evidence was closed by the trial court.

In the absence of any evidence or incriminating circumstance, the learned Magistrate acquitted the other accused. The case against the petitioner herein was split up and refiled, and it is now pending as C.P.No.15/2012.

Crl.M.C. No. 1110/2015 substratum of the prosecution case is totally lost by the acquittal of the others, and continuance of prosecution against him will not serve any purpose. Annexure-B judgment in S.C.143/2012 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. The counter case registered against the defacto complainant and others also stands settled.

In the result, this petition is allowed. The prosecution against the petitioner in C.P.15/2012 of the Judicial First Class Magistrate Court, Ottappalam will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioner will stand released from prosecution.

Sd/- P. UBAID, JUDGE sd