IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 Crl.MC.No. 1748 of 2009() ------------------------- AGAINST THE ORDER IN CC 840/2004 IN CC.423/2007 of JUDICIAL FIRST CLASS MAGISTRATE COURT II, PEERUMEDU. .................... PETITIONER(S): 7TH ACCUSED: ------------------------------------------------ JALALUDHEEN, S/O. SULAIMAN, KALLUPURACKAL, KOOTTIKKAL, KOTTAYAM DISTRICT. BY ADVS. MR.T.A.UNNIKRISHNAN, MR.P.P.BIJU. RESPONDENT(S): COMPLAINANT: --------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE DEPUTY SUPERINTENDENT OF POLICE, CRIME DETACHMENT WING, OFFICE OF THE SUPERINTENDENT OF POLICE, IDUKKI. R1 & R2 BY PUBLIC PROSECUTOR MR. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON CRL.M.A.NO.2907/2009 IN CRMC.NO.1748/2009 DISMISSED 17/06/2009 SD/- M.SASIDHARAN NAMBIAR, JUDGE /TRUE COPY/ P.S.TO JUDGE Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 1748 OF 2009 =========================== Dated this the 17th day of June,2009 ORDER Petitioner was the seventh accused in C.C.840/2004 on the file of Judicial First Class Magistrate Court II, Peerumed. The prosecution case is that all the seven accused formed themselves into an unlawful assembly and committed offences under section 143,147,323,294(b), 506(i) and 365 read with section 149 of Indian Penal Code. On the final report submitted by the Sub Inspector of Police in Crime No.308/2002, learned Magistrate took cognizance of the offences. While the case was pending before the learned Magistrate, a petition was filed before the Inspector General of Police alleging that the accused were falsely implicated in the case. Based on that a further investigation was ordered. Crl.M.P.1520/2004 was filed before the Magistrate for permission for further investigation. As per order dated 27.3.2004, Investigating Officer was permitted to conduct further investigation. After further investigation Annexure 2 final report was filed by the Dy.Superintendent of Crl.M.C.1748/2009 2 Police Crime Detachment on 26.12.2004 stating that the accused did not commit the offence and it is only a mistake of fact. Subsequently third accused approached this court by filing W.P(c) 29465/2005 to quash the case contending that on the basis of the final report submitted and marked as Ext.P2 in the Writ Petition, the case cannot be proceeded against him. As per Annexure VI judgment dated 19.7.2007 in the Writ Petition the case as against the third accused was quashed. Learned Magistrate tried accused 1, 2, 4 and 6 in C.C.840/2004 after splitting the case as against the petitioner and fifth accused and refiling it as C.C.423/2007. Under Annexure V judgment those accused were acquitted. Seventh accused filed this petition under section 482 of Code of Criminal Procedure to quash the case as against him. 2. Learned counsel appearing for petitioner and learned Public Prosecutor were heard. 3. Eventhough learned Magistrate took cognizance of the offence as against the seventh accused also in C.C.840/2004, on the request of the Investigating Officer permission was granted for further investigation of the case. On such further investigation Annexure 2 final report was filed stating that no offence was committed by the accused and it is only a mistake of fact. Based on the Crl.M.C.1748/2009 3 final report when the third accused approached this court by filing a Writ Petition, under Annexure VI judgment this court has already quashed the case as against the third accused. The same principle applies to the petitioner also. When after further investigation a final report is submitted before the court establishing that the petitioner is not involved in the offence even if petitioner is to be tried he cannot be convicted. In such circumstance, the petition is allowed. C.C.423/2007 on the file of Judicial First Class Magistrate Court-II, Peerumed as against the petitioner is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006