Kerala High Court
Abdul Mubarak K.H vs State Of Kerala on 25 February, 2026
Crl.MC.No. 1691 of 2025
2026:KER:17035
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
WEDNESDAY, THE 25TH DAY OF FEBRUARY 2026 / 6TH PHALGUNA,
1947
CRL.MC NO. 1691 OF 2023
CRIME NO.75/2013 OF Kasaragod Police Station, Kasargod
AGAINST THE ORDER/JUDGMENT DATED IN LP NO.33 OF
2019 OF CHIEF JUDICIAL MAGISTRATE ,KASARAGOD
PETITIONER:
ABDUL MUBARAK K.H
AGED 31 YEARS
S/O HAMEED, CHERANGAI HOUSE, KADAPPURAM, KUDLU,
KASARAGOD DT., PIN - 671124
BY ADVS.
SRI.M.MUHAMMED SHAFI
SMT.T.RASINI
SMT.AYISHA AFRIN A.V.K.
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
PP. ADV. SMT. C.SEENA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 25.02.2026, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.MC.No. 1691 of 2025
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ORDER
(Dated this the 25th day of February, 2026)
The accused No.7 in Crime No. 75 of 2013 of
Kasargode Police Station now pending as LP No.33 of 2019 on
the file of Chief Judicial Magistrate, Kasargode filed this
petition under Section 482 Cr.PC praying for quashing all
further proceedings against him. The offences alleged against
the petitioner and the co-accused are under Section 143,
147, 148, 341, 323, 354, 326 and 153A r/w 149 of IPC.
2. The prosecution case is that on 27.01.2013 at
about 3.30 pm, when CWs 4 to 8 were playing cricket in the
ground near Santhi nagar, the cricket ball fell on the bus in
which the accused persons were traveling. At that time, the
accused persons attacked and inflict injuries to CWs 1 to 7,
outraged the modesty of CW1 and thereby they are alleged to
have committed the aforesaid offences.
3. According to the learned Counsel for the petitioner
as per Annexure A2 judgment the learned Magistrate already
acquitted the accused persons 1 to 6, 8,9 and 11 for want of
evidence and therefore he prayed for quashing the
proceedings against the petitioner.
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4. The petition was opposed by the learned Public
Prosecutor.
5. On a perusal of Annexure A2 judgment it can be
seen that the learned Magistrate has acquitted the accused
persons 1 to 6, 8, 9 and 11 as none of the witnesses examined
in the case supported the prosecution case. It appears that
the matter was settled between the parties before they were
examined before the learned Magistrate. At the time of
evidence they did not support the prosecution of the case. In
the light of Annexure A2 judgment there is no meaning in
continuing the proceedings against the petitioner as it will
only be an abuse of the process of court.
Therefore, this Crl.MC is allowed. All further
proceedings against the petitioner in Crime No. 75 of 2013
of Kasargode Police Station now pending as LP No.33 of
2019 on the file of Chief Judicial Magistrate, Kasargode is
quashed.
Sd/-
C. PRATHEEP KUMAR
JUDGE
AKH
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APPENDIX OF CRL.MC NO. 1691 OF 2023
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FINAL REPORT IN CRIME
NO. 75 OF 2013 OF KASARAGOD POLICE
STATION
Annexure A2 TRUE COPY OF THE JUDGMENT DATED 27-07-
2022 IN CC. NO. 66 OF 2017 OF THE
HON’BLE CHIEF JUDICIAL MAGISTRATE
COURT, KASARAGODE
Annexure A3 TRUE COPY OF THE ORDER DATED 20-10-
2022 IN CRL.MC. NO. 7089 OF 2022 OF
THE HON’BLE HIGH COURT OF KERALA