ORDER

The petitioner is the 5th accused in Crime No.821/2009 of Kasaragod police station, which was registered alleging offences punishable under Sections 143, 147, 148, 332, 342, 353 and 395 read with 149 of the IPC and Section 3(1) of the PDPP Act. The crime was registered suo motu. The allegation is that on 15.11.2009 on 17:45 hours, the Indian Union Muslim League had arranged a reception meeting near the press club junction, Kasaragod. Then accused persons 21 in number along with about 150 identifiable persons, carrying lethal weapons formed an unlawful assembly and in prosecution of their common object, dragged CW1, the driver of the police jeep from the vehicle bearing reg.No.KL.01 AV-402 from the jeep, wrongfully restrained, assaulted and injured him and thieved two tear gas grenades and also caused damage to the police jeep and caused loss of Rs.50,000/- to the State.

2. The petitioner submits that all the other 20 accused were acquitted, so that the substratum of the case has been lost. Therefore, he seeks quash the proceedings under Section 482 of the Cr.P.C. The case against some of the accused was committed and thereafter in Annexures – C and D proceedings, they faced trial and were acquitted. Pursuant to the order passed by this Court on 17.02.2022, the petitioner had surrendered before the Judicial First Class Magistrate, Kasaragod and his case now stands refiled as C.P.No.26/2022.

3. I heard the learned counsel for the petitioner and the learned Senior Public Prosecutor.

4. The learned Senior Public Prosecutor has made available a statement of the Investigating Officer, from where it is evident that except 14th accused, all others have been exonerated by the Court. 5. Anyhow, in the present report, case of the petitioner has not been stated. Whatever it may be, Annexue-C judgment is a comprehensive one, where it has been stated that there were a mob of about 150 people, who had assaulted and injured the police driver. It has also come out from paragraph 26 of the Annexure-C judgment that no test identification parade was conducted. In other words, even though material witnesses had supported the prosecution case, the court was not inclined to believe them, since it found that identification for the first time before the court is not acceptable as genuine. The very same reason can be borrowed in the case of the petitioner also. The prosecution has no case that he was shown to material witnesses and got identified. As indicated earlier, the crime was committed by a mob consisting of more than 150 people. None of them was identified in the earlier proceedings. That means, the fact that no test identification parade was conducted in the case alone is sufficient to say that there is no meaning in proceeding against the petitioner.

Therefore, entire proceedings in C.P.No.26/2022 on the file of the Judicial First Class Magistrate Court-I, Kasaragod initiated pursuant to the final report in Crime No.821/2009 of Kasaragod police station are quashed and the petitioner shall stand exonerated.

Crl.M.C is allowed as above.

Sd/-

K.HARIPAL

JUDGE Jms/06.04

//True Copy// P.A to Judge APPENDIX OF CRL.MC 1038/2022 PETITIONER ANNEXURES Annexure A CERTIFIED COPY OF THE FIR NO. 821 /2009 OF KASARGOD POLICE STATION DATED 16/11/2009 Annexure B CERTIFIED COPY OF THE FINAL REPORT IN FIR

821/2009 OF KASARGOD POLICE STSTION DATED

10.12.2010 Annexure C TRUE COPY OF THE JUDGMENT IN SC 626/2012 DATED 09.09.2016 OF ADDL.SESSIONS COURT-I, KASARGOD, Annexure D TRUE COPY OF THE JUDGMENT IN SC 557/2018 DAYED 07.01.2020 OF ADDL.SESSIOS COURT,KASARAGOD.

Annexure E TRUE COPY OF THE JUDGMENT IN CC 187 /2016 DATED 17.12.2018. OF CJM, KASARGOD COPY SERVED DETAILS COPY SERVED DETAILS