Headnote: The court held that a plea for quashing proceedings on the ground that there is no evidence and other co-accused are acquitted cannot be entertained as it was explained in Moosa. The petitioner is directed to surrender within two weeks, and the court below is directed to dispose of the matter. The petitioner is at liberty to apply for discharge.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU FRIDAY, THE 5TH OCTOBER 2007 / 13TH ASWINA 1929
Crl.MC.No. 3922 of 2003() ------------------------SC.24/1996 of I ADDL. ASSISTANT SESSIONS COURT, THRISSUR ....................
PETITIONER: 3RD ACCUSED
GOKULAN S/O. ITHIKATT AYYAPPAN, ENGANDIYOOR AMSOM, KUNDALIYOOR DESOM, CHAVAKKAD.
BY ADV. SRI.RANJIT BABU
RESPONDENTS: COMPLAINANT
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.
BY PUBLIC PROSECUTOR, SRI AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 05/10/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER ON CRL.M.A.NO.5748/2003 IN CRL.M.C.NO.3922/2003
CLOSED.
SD/- K.R.UDAYABHANU, JUDGE
5/10/2007
\TRUE COPY//
K.R.UDAYABHANU, J.
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Crl.M.C.No.3922 of 2003-A
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
Dated this the 5th day of October, 2007
O R D E R
The petitioner is the accused in L.P.No.30/97/Crime 160/1990 with respect to the offences under Sections 143, 148, 452, 323, 324, 326 and 307 read with Section 149 I.P.C. It is submitted that A4, A6, A7 and A10 were acquitted as per the judgment in S.C.No.169/1992 of the Sessions Judge, Thrissur, and A8 and A9 were also acquitted vide judgment in S.C.No.24/1996 of the Sessions Judge, Thrissur, and the proceedings against A2, A1 and A5 were quashed by this Court vide orders in Crl.M.C.Nos.5012/01 and 2204/2003.
Crl.M.C.No.3922/2003-A
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proceedings. In view of the fact that the rest of the accused were acquitted or the proceedings against them were quashed, the court below is directed to dispose of the matter at the earliest. The petitioner is directed to surrender before the court below within two weeks from today. It appears that no pre-trial detention is required in the matter. The petitioner will also be at liberty to apply for discharge.
K.R.UDAYABHANU, Judge
ms
Crl.M.C.No.3922/2003-A
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K.R.UDAYABHANU, J.
O R D E R
5th October, 2007
1 issue framed by the court
Whether proceedings against a co-accused acquitted in a previous trial can be quashed on the ground of lack of evidence.
Colour shows how this judgement treated each authority
Moosa v. Sub Inspector of PoliceExplained¶2
Moosa v. Sub Inspector of Police [2006 (1) KLT 552 (F.B)]
GOKULAN
STATE OF KERALA
K.R.UDAYABHANU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
