IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 Crl.MC.No. 3824 of 2011() ----------------------------------- CC.2/2011 of JUDL. MAGISTRATE OF FIRST CLASS, KASARAGOD .................................. PETITIONER(S): 2ND ACCUSED -------------------------------------------- MOHAMMED, S/O.IBRAHIM, NEERCHAL HOUSE, MOGRAL PUTHUR, KASARAGOD TALUK, KASARAGOD DISTRICT. BY ADV. SRI.P.K.MUHAMMED RESPONDENT(S): STATE & COMPLAINANT ------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, POLICE STATION, KASRAGODU, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MOHAMMED RAFEEQUE, S/O.ABOOBACKER, KALLANGAI, KUNDU VILLAGE AND POST, KASARAGODU, PIN-671 121. R1 BY PUBLIC PROSECUTOR SMT. S. HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SD CRMC NO. 3824/2011 APPENDIX PETITIONER(S)' EXHIBITS ANNEXURE-A1 CERTIFIED COPY OF THE CHARGE SHEET FILED BY THE ADDITIONAL SUB INSPECTOR OF KASARAGODU POLICE STATION IN CRIME NO.174/2001 OF KASARAGODU POLICE STATION. ANNEXURE-A2 CERTIFIED COPY OF THE JUDGMENT PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KASARAGODU IN C.C.NO.478/2001 DATED 29.11.2005. ANNEXURE-A3 TRUE COPY OF THE JUDGMENT PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KASARAGODU IN C.C.NO.402/2003 DATED 29.11.2005. ANNEXURE-A4 TRUE COPY OF THE PETITION C.M.P.NO.6348/2011 IN C.C.NO.2/2011 TO TERMINATE THE CHARGE BEFORE THE TRIAL COURT AND THE ORDER THEREON DATED 24.7.2011. RESPONDENTS' EXHIBITS NIL TRUE COPY P.A. TO JUDGE SD N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3824 of 2011 ----------------------------------- Dated this the 3rd day of December 2011 O R D E R Petitioner was the 2nd accused in C.C.No.478/2001 on the file of J.F.C.M.Court, Kasaragod which was a case charge sheeted by the police alleging offences punishable under Secs.447, 341, 323, 324 and 506(i) r/w 149 IPC. The charge sheet was laid against four accused persons. Other three accused persons faced trial and after considering the entire evidence, the leaned Magistrate acquitted those three accused. Since the petitioner was absconding, the case against him was split up and refiled as C.C.No.1810/2005. The learned counsel submits that case against him was again refiled as C.C.No.2/2011. 2. Learned counsel for the petitioner submits that on going through Annexure A2 judgment in C.C.No.478/2001, it can be seen that the alleged incident took place on Crl.M.C. No.3824 of 2011 -: 2 :- 31.12.2000 at 8 AM at Neerchal. In respect of the very same allegation, another private complaint was filed by the de facto complainant and that case was taken on file by the learned Magistrate as C.C.No.402/2003 where this petitioner was shown as the 3rd accused. There were altogether 6 accused in that case. In that case, after the evidence the learned Magistrate found that the charge laid against the accused is groundless and so all the accused including the petitioner were discharged under Sec.245(1) Cr.P.C. Annexure AIII is the order passed therein. In the light of Annexure AIII order itself the charge against this petitioner in Crime No.174/2001 cannot be sustained, the learned counsel submits. There is force in the submission made by the learned counsel. Depositions of PWs.1 to 3 recorded in Annexure AII judgment have also been made available for perusal to convince the court that the substratum of the entire prosecution case stood shattered and as such the prosecution against this petitioner cannot Crl.M.C. No.3824 of 2011 -: 3 :- be sustained. 3. The further fact is that this petitioner was already discharged as per Annexure AIII order where also the very same incident referred in Annexure AII judgment was considered. In the light of what has been stated above, this Crl.M.C. is allowed. Further proceeding as against this petitioner in C.C.No.2/2011 on the file of J.F.C.M. Court, Kasaragod will stand quashed. N.K.BALAKRISHNAN, JUDGE. Jvt