ABBAS vs THE SUB INSPECTOR OF POLICE MANJESHWAR POLICE STATION

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2024 Supreme(Online)(KER) 39529

HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
ABBAS – Appellant
Versus
THE SUB INSPECTOR OF POLICE MANJESHWAR POLICE STATION – Respondent
CRL.MC NO. 8140 OF 2024|CRIME NO.373/2015|CC NO.2167 OF 2023

Important Points

The absence of sufficient evidence to establish involvement in the alleged crimes led to the quashing of proceedings against the petitioners.

Subject

Criminal Law - Quashing of Proceedings

Act Referred

Indian Penal Code, 1860: S.s 452, S.s 353, S.34
Prevention of Damage to Public Property Act, 1984: S.3

Headnote

The court analyzed the acquittal of the co-accused in C.C.No.360/2016, concluding that no substantial evidence connected the petitioners to the alleged crimes as noted in paragraph 5. The prosecution's basis was deemed destroyed, framing the issue on criminal responsibility. Consequently, proceedings against the petitioners in C.C.No.2167/2023 are quashed.

Advocates:
For the Appellants/Petitioners: ANN SUSAN GEORGE
For the Respondents: SREEJA V.

Table of Content
1. accused claimed benefit of acquittal based on lack of evidence. (Para 1 , 2)
2. court heard from both parties regarding proceedings. (Para 3)
3. trial court found insufficient evidence against accused. (Para 4)
4. proceedings against petitioners quashed. (Para 5)

ORDER

Petitioners were originally, accused Nos. 2 and 3 in C.C.No.360/2016 on the files of the Judicial First Class Magistrate Court-II, Kasaragod, which arose out of Crime No.373/2015 of Manjeswar Police Station, Kasaragod. During the trial of the aforesaid case, petitioners had absconded, and the case against them was split up and re-filed as C.C.No.2167/2023. In the meantime, trial proceeded against the remaining accused, and they were acquitted by judgment dated 25.01.2024. Petitioners seek the benefit of acquittal of the co-

accused.

2. According to the prosecution, on 22.06.2015, the accused had, in furtherance of their common intention, trespassed into the ofÏce of the KSEB and committed mischief by breaking the glass of the billing section and deterred the KSEB staff from discharging their ofÏcial duties and thereby committed the offences under Section s 452 and 353 r/w Section 3 4 of the Indian Penal Code, 1860 , apart from (1) of the Prevention of Damage to Public Property (PDPP) Act, 1984

3. I have heard Smt. Ann Susan George, the learned counsel for the petitioners and Smt. Sreeja.V., the learned Public Prosecutor.

4. On a consideration of the judgment of acquittal of co-accused in C.C.No.360/2016, it is noticed that the trial court had come to the conclusion that though some miscreants had allegedly entered into the KSEB ofÏce and damaged property, there was nothing to prove that any of the accused had committed those offences. It was also found that no documents were produced to prove that PW2 was on ofÏcial duty. Considering the aforesaid circumstance, I am satisfied that the substratum of the prosecution case has been destroyed, and no purpose would be achieved by continuing the prosecution against the petitioners.

5. Accordingly, all proceedings against the petitioners in C.C. No.2167/2023 on the files of the Judicial First Class Magistrate Court-II, Kasaragod, arising out of Crime No.373/2015 of Manjeswar Police Station, kasaragod, as against the petitioners are hereby quashed.

The criminal miscellaneous case is allowed as above.