IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS MONDAY, THE 18^TH DAY OF MARCH 2024 / 28TH PHALGUNA, 1945 CRL.MC NO. 235 OF 2024 CRIME NO.154/2011 OF HOSDURG POLICE STATION, KASARGOD AGAINST THE ORDER/JUDGMENT DATED IN CC NO.125 OF 2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,HOSDRUG .....................................

PETITIONERS/ACCUSED NO. 6 & 7:

1 A.M.MUBASHEER, AGED 37 YEARS S/O.KHADEEJA, BEHIND VENUGOPAL MEMORIAL L.P.

SCHOOL, THAIKKADAPPURAM, NILESHWAR, KASARAGOD, PIN – 671 314.

2 E.K.NOUSHAD, AGED 42 YEARS S/O UMMAR.A.M, JUBERIATH (H), THAIKKADAPPURAM, NILESHWAR,KASARAGOD, PIN – 671 314.

BY ADVS.

A.ARUNKUMAR S.SHYAM KUMAR SACHIN GEORGE ARAMBAN RESPONDENT/S:

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

SRI.RANJIT T.R., PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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

Crl.M.C. No.235 of 2024 …................................................

Dated this the 18^th day of March, 2024 ORDER Petitioners are accused Nos. 6 and 7 in C.C.No.125/2019 on the files of the Judicial First Class Magistrate Court-I, Hosdurg, arising out of Crime No.154/2011 of Hosdurg Police Station.

2. According to the prosecution, the accused had, on 07.12.2011 indulged in an offence falling under Sections 5, 6, and 8(b) of the Immoral Traffic (Prevention) Act, 1956. Cognizance of the offence was taken against seven accused as C.C.No.776/2011 on the files of the Judicial First Class Magistrate Court-I, Hosdurg. Since all accused other than second accused absconded, the case against accused Nos.1 and 3 to 7 were split up.

3. In the trial against the second accused in C.C.No.776/2011, the learned Magistrate, by judgment dated 31.01.2019 acquitted him, after finding that the prosecution had failed to prove the guilt of the accused. Subsequently, accused Nos.4 and 5 filed petitions to quash the proceedings against them on the basis of the acquittal of the co-accused as Crl.M.C.No.2480/2020 and Crl.M.C.No.3685/2020. By order dated 20.11.2023, a learned single Judge of this Court extended the benefit of acquittal of the co-accused to accused 4 and 5 as well and quashed the proceedings against them. Petitioners herein, who are accused Nos.6 and 7, contend that they are also entitled to the benefit of the acquittal of other accused.

4. On a perusal of the nature of allegations and also the observations of the learned single Judge of this Court in Annexure-AIV order apart from the acquittal of the accused in Annexure -AIII judgment of the learned Magistrate, it is revealed that the very substratum of the prosecution case, even as against the petitioners, has been destroyed. Hence, I am of the view that petitioners are also entitled for the benefit of acquittal of the co-accused.

5. Accordingly, all proceedings against the petitioners in C.C.No.125/2019 on the files of the Judicial First Class Magistrate Court-I, Hosdurg, shall stand quashed.

The Crl.M.C.is allowed as above.

sd/-

BECHU KURIAN THOMAS JUDGE AMV/18/03/2024 APPENDIX OF CRL.MC 235/2024 PETITIONER ANNEXURES ANNEXURE AI A TRUE COPY OF THE F.I.R IN CRIME NO.154 OF 2011 OF HOSDURG POLICE STATION.

ANNEXURE AII CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 154 OF 2011 OF HOSDURG POLICE STATION.

ANNEXURE AIII A TRUE COPY OF THE JUDGMENT DATED

31.01.2019 IN C.C.NO.776 OF 2011 OF JUDICIAL FIRST CLASS MAGISTRATE-I, HOSDURG.

ANNEXURE AIV A TRUE COPY OF THE COMMON ORDER DATED

20.11.2023 OF THIS HON'BLE COURT IN CRL.M.C.NO.3685 OF 2020 AND CRL.M.C.NO.2480 OF 2020.

TRUE COPY