High Court Kerala High Court

P.A. Hansalah Mohammed vs The State Of Kerala on 28 April, 2009

Kerala High Court
P.A. Hansalah Mohammed vs The State Of Kerala on 28 April, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1413 of 2009()


1. P.A. HANSALAH MOHAMMED,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.S.SHANAVAS KHAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :28/04/2009

 O R D E R
                   S.S. SATHEESACHANDRAN, J.
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                        Crl.M.C.No.1413 of 2009
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                         Dated: 28th April, 2009

                                   ORDER

Petition is filed under Section 482 of the Code of Criminal

Procedure. Petitioner is the 8th accused in C.C.No.389/06 on the file

of the Judicial First Class Magistrate Court-VI, Kozhikode. He was

prosecuted for the offences under Sections 143, 147, 188 and 283

read with 149 I.P.C. and Section 38 read with Section 52 of the

K.P.Act, on a report filed by the S.I. of Police, Nadakkavu. Trial

against some of the coaccused in the above case ended in their

acquittal by Annexure A judgment and the case against the petitioner

was split up since he was not available for trial earlier. The

prosecution allegations are unworthy of any merit and the offence

under Section 188 I.P.C. imputed will not lie in the present case, as

the case had not been registered on a complaint given by the public

servant, is the case of the petitioner for quashing the criminal

proceedings pending against him before the Magistrate Court.

2. I heard the learned counsel for the petitioner and also the

learned Public Prosecutor.

3. The trial against the other accused ended in an acquittal and

the judgment passed by the court (Annexure A) indicated that the

Crl.M.C.1413/09 – 2 –

prosecution case is unsustainable is the basis for the petitioner’s

claim to quash the proceedings against him arising out of the split up

case on his default to appear for trial earlier. After perusing Annexure

A judgment, I am not persuaded to quash the proceedings against

the petitioner who is proceeded under the split up case. Some of the

coaccused after trial had been acquitted is no ground for the

remaining accused to seek their acquittal also without facing trial.

Inherent power of this court cannot be exercised for quashing a

criminal proceeding wherein the allegations prima facie disclose the

culpability of the persons proceeded in the offences imputed. Whether

the petitioner deserves acquittal is a matter to be adjudged by the

court on the basis of the evidence to be let in in the split lup case

proceeded against him and not on the basis of the previous acquittal

rendered in favour of the coaccused. The split up case proceeded

against the petitioner after trial should reach its logical conclusion.

Petitioner submits that a warrant issued by the Magistrate is pending

execution and a direction be issued to the Magistrate to consider his

bail application on the date of his surrender itself. Considering the

request made, the learned Magistrate is directed to dispose of the bail

application, if any, moved by the petitioner preferably on the date of

Crl.M.C.1413/09 – 3 –

his surrender, provided he surrenders before that court within ten

days from the date of this order.

Petition is dismissed, subject to the direction as above.

srd                           S.S. SATHEESACHANDRAN, JUDGE