IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 24^TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946 CRL.MC NO. 3174 OF 2024 CRIME NO.1986/2016 OF KANNUR TOWN, KANNUR AGAINST THE ORDER/JUDGMENT DATED IN CC NO.358 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, KANNUR PETITIONER/ACCUSED NO.7 :

JISMON JOSEPH, AGED 31 YEARS S/O JOSEPH, OTHARIYIL HOUSE, CHEMBERI P.O KANNUR, PIN – 670 632.

BY ADVS. D.FEROZE T.S.KRISHNENDU ADARSH A.

JANET VARGHESE RESPONDENT/COMPLAINANT/STATE :

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031.

RENJITH T.R (PP)

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BECHU KURIAN THOMAS, J ......….............................................

Crl.M.C.No.3174 of 2024 …................................................

Dated this the 24^th day of May, 2024 ORDER Petitioner is the 7^th accused in C.C.No.2597/2016 on the files of the Judicial First Class Magistrate Court-I, Kannur, which arose out of Crime No.1986/2016 of Kannur Town Police Station. The accused were prosecuted for the offences under Sections 143, 147, 283, 448, and 342 r/w Section 34 of the Indian Penal Code, 1860 apart from Section 117(e) of the Kerala Police Act, 2011. During the course of trial, petitioner and another accused absconded and the trial proceeded against the remaining accused. By judgment dated 20.04.2023, accused Nos.1 to 6 and 9 to 20 were acquitted. Petitioner seeks the benefit of acquittal of the co-accused. Since the petitioner was absconding, the case against him was split up and renumbered as C.C.No.358/2023.

2. According to the prosecution, on 30.08.2016, accused formed themselves into an unlawful assembly and trespassed into the office of the de facto complainant and after confining three persons, obstructed the employees and other public from entering into the office of the de facto complainant, and also obstructed the police officers from discharging their duty, and thereby committed the offences alleged.

3. I have heard Sri.D.Feroze, the learned counsel for the petitioner as well as Sri.Renjith T.R., the learned Public prosecutor.

4. In the judgment of acquittal of the co-accused, the learned Magistrate disbelieved the arrest of 20 accused persons allegedly from the scene of occurrence. It was also held that the prosecution had failed to establish that the accused had committed the offences alleged against them. On a reading of the entire judgment of acquittal of co-accused, it is evident that the prosecution had failed to prove the common object of the unlawful assembly as well as the arrest of the accused, which in fact destroyed the very substratum of the prosecution case even as against the petitioner. In such a view of the matter, no purpose would be served by continuing the prosecution against the petitioner.

5. Hence, proceedings against the petitioner in C.C.No.358/2023 on the files of the Judicial First Class Magistrate Court-I, Kannur; arising out of Crime No.1986/2016 of Kannur Town Police Station, is an abuse of the process of the court and is liable to be quashed.

6. Accordingly, the proceeding against the petitioner in C.C.No.358/2023 on the files of the Judicial First Class Magistrate Court-I, Kannur; arising out of Crime No.1986/2016 of Kannur Town Police Station, is hereby quashed.

The Crl.M.C.is allowed.

sd/-

BECHU KURIAN THOMAS JUDGE AMV/27/05/2024 APPENDIX OF CRL.MC 3174/2024 PETITIONER ANNEXURES ANNEXURE A1 A TRUE COPY OF THE JUDGEMENT DATED

20.04.2023 IN CC 2597/2016 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KANNUR.

ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CC NO. 358/2023 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KANNUR.

TRUE COPY