IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 13^TH DAY OF JANUARY 2025 / 23RD POUSHA, 1946 CRL.MC NO. 10991 OF 2024 CRIME NO.148/2001 OF VATTAPPARA POLICE STATION, THIRUVANANTHAPURAM IN SC NO.1101 OF 2004 OF ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT, NEDUMANGAD PETITIONER(S)/ACCUSED NO.3:

NASSAR AGED 35 YEARS AGED 35 YEARS, S/O SHAHUL HAMEED, MEENARAMVILA HOUSE, MEENARA, MANJIKKAL, THRIRUVANANTHAPURAM, PIN - 695015 BY ADV. ANEESH K.R RESPONDENT(S)/STATE:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY ADV. S. SEETHA, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.01.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 13^th day of January, 2025 Petitioner is the 3^rd accused in S.C.No.1004 of

2018 on the files of the Assistant Sessions Court, Nedumangad. The case originated from Crime No.148 of 2001 registered at the Vattapara Police Station for offences punishable under Sections 143, 147, 148 149, 294(b), 332 and 333 of the Indian Penal Code and Section 3(2)(e) of the Prevention of Damage to Public Property (PDPP) Act, 1984. On submission of final report the case was numbered as S.C.No.1101 of 2004 and the accused who faced trial in that case were acquitted as per Annexure A3 judgment. As the petitioner did not participate in the trial, case against him was split-up and renumbered as S.C.No.1004 of 2018. In the meanwhile, some of the other accused, who had also not participated in the trial, moved Crl.M.C.No.6475 of 2021 seeking to get the proceedings against them quashed on the strength of the judgment of acquittal rendered in the case of the co-accused. This Court, by Annexure A4 order, allowed the Crl.M.C. and quashed the proceedings against those accused. The petitioner is seeking to get the proceedings against him also quashed, on the strength of Annexure A3 judgment of acquittal and Annexure A4 order of quashment.

2. I heard the learned Counsel for the petitioner and the learned Public Prosecutor.

3. The prosecution allegation is that the petitioner along with other accused formed into an unlawful assembly, shouted obscene words and pelted stones at the defacto complainant and other witnesses, thereby committing the offences of rioting and obstructing discharge of ofÏcial duty by the Police. There is further allegation that the accused caused damages to the department vehicle of the defacto complainant and a KSRTC bus, resulting in a loss of Rs.18,000/- (Rupees eighteen thousand only).

4. A perusal of Annexure A3 judgment shows that the prosecution had miserably failed to adduce evidence in support of the charges leveled against the accused. The trial court categorically held that the evidence adduced by the prosecution did not instill confidence and there was no material to find that the accused were guilty of the alleged offences. The substratum of the prosecution case having been dislodged by the said findings, continuation of the proceedings against the petitioner will be an abuse of process of court, as there is not even a remote possibility of such proceedings ending in the petitioner’s conviction.

In the result, the Criminal Miscellaneous Case is allowed. Annexure A2 final report in Crime No.148 of

2001 of Vattapara Police Station and all further proceedings in S.C.No.1004 of 2018 on the files of the Assistant Sessions Court, Nedumangad, as against the petitioner, is quashed.

Sd/-

V.G.ARUN JUDGE NB/13-1 APPENDIX OF CRL.MC 10991/2024 PETITIONER ANNEXURES ANNEXURE A1 THE CERTIFIED COPY OF THE FIR IN CRIME NO

148/2001 OF VATTAPARA POLICE STATION FOR THE OFFENCES U/S 142,147,148,149,294(B),332,323 OF IPC AND 3(2) OF THE PDPP ACT ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO 148/2001 OF VATTAPARA POLICE STATION ANNEXURE A3 THE CERTIFIED COPY OF THE JUDGMENT IN SC NO

1101/2004 OF HONOURABLE ASSISTANT SESSIONS COURT, NEDUMANGADU ANNEXURE A4 THE TRUE COPY OF THE ORDE