Latheef @ Kathi Latheef v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 9TH DAY OF APRIL 2015/19TH CHAITHRA, 1937 Crl.MC.No. 2364 of 2015 () --------------------------- SC 667/2011 of ADDITIONAL DISTRICT AND SESSIONS COURT, VADAKARA CRIME NO. 304/2009 OF CHOMBALA POLICE STATION, KOZHIKODE ============= PETITIONERS/ACCUSED NO.2:
-------------------------------------------- LATHEEF @ KATHI LATHEEF, AGED 36 YEARS S/O.MOIDU, NELLOLI HOUSE, P.O.AZHIYUR VATAKARA TALUK.
BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENTS/COMPLAINANT:
---------------------------------------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY Sr. PUBLIC PROSECUTOR SMT. SAREENA GEORGE P. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-04-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2364 of 2015 () APPENDIX PETITIONER'S EXHIBITS ----------------------------------- ANNEXURE-I: TRUE COPY OF THE FINAL REPORT IN CRIME NO.304/2009 OF CHOMBALA POLICE STATION.
ANNEXURE-II: CERTIFIED COPY OF JUDGMENT IN SC 667/2011 DATED 19.3.2013 OF THE ADDL.DISTRICT & SESSIONS JUDGE VATAKARA.
RESPONDENT'S EXHIBITS -------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE SD
P. UBAID, J.
--------------------------------------- Crl.M.C.No.2364 of 2015 --------------------------------------- Dated this the 9th day of April, 2015
O R D E R
The petitioner herein is the original 2nd accused in S.C.No.667/2011 of the Additional Sessions Court(NDPS), Vatakara. The offences involved in this case are under Sections 143, 147 and 436 read with 149 IPC. The other accused faced trial before the trial court and obtained a judgment of acquittal under Section 232 Cr.P.C. on 19.03.2013, when none of the witnesses supported the prosecution during trial. The prosecution examined four witnesses in the said case, and also marked Exts. P1 to P3. 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 trial judge acquitted the other accused.
The case against the petitioner herein was split up and refiled, and later, it was transferred to the register of long pending cases as L.P.No.1/2014 before the Additional Sessions Judge (NDPS) Court, Vadakara.
Crl.M.C.No.2364 of 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-II judgment in S.C.667/2011 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 L.P.No.1/2014 before the Additional District & Sessions Judge (NDPS) Court, Vadakara will stand quashed under Section 482 of the Code of Criminal Procedure. Sd/- P. UBAID, JUDGE sd