In a criminal miscellaneous petition seeking quashment of proceedings under Section 482 CrPC based on lack of evidence and failed identification, the court found no reason to quash, allowing the petitioner to seek discharge before the Sessions Judge.
Petition dismissed; petitioner directed to seek discharge under Section 227 CrPC before the learned Sessions Judge.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR
MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932
Crl.MC.No. 4198 of 2010() --------------------------------------(SC NO.788/2007 OF IIND ADDL.ASST.SESSIONS COURT, KOZHIKODE) ....... (CRIME NO.584/2002 OF NADAKKAVU POLICE STATION,KOZHIKODE DIST.)
PETITIONER(S): IST ACCUSED: ----------------------------------------------NOUSHAD, S/O.HASSAN, AGED 31 YEARS, RAHMATH MANZIL, THIKKODI.P.O., PERUMALPURAM, BEACH ROAD, TRIKKOTTU AMSOM & DESOM, KOZHIKODE. BY ADV. SRI.VINODKUMAR
RESPONDENT(S): COMPLAINANT:
----------------------------------------------------
STATE OF KERALA, REPRESENTED BY THE ASST.COMMISSIONER OF POLICE, NORTH, KOZHIKODE CITY. (IN CRIME NO.584 OF 2002 OF NADAKKAVU POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI. C.K.SURESH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
M.SASIDHARAN NAMBIAR,J.
--------------------------------------------- CRL.M.C.NO. 4198 2010 --------------------------------------------- Dated 15th November, 2010
O R D E R
Petitioner, the first accused in
S.C.788/2007 on the file of Second Additional Assistant Sessions Court, Kozhikode, taken cognizance for the offence under Section 435 read with Section 34 of Indian Penal Code and Section 3(2)(e) of P.D.P.P Act, filed this petition under Section 482 of Code of Criminal Procedure to quash the proceedings contending that there is no material to prove commission of offence and therefore, even if petitioner is to be tried, there is no likelihood of a successful prosecution.
Crmc 4198/10
2
Prosecutor were heard.
is that after Annexure-B order granting bail, a test identification parade was conducted and none of the witnesses identified the petitioner
and in such circumstances, there is no
likelihood of a successful prosecution.
submitted that the petitioner has originally absconded and after he appeared and was released on bail, he absconded again and even now, the case is pending in the long pending register.
find no reason to quash the proceedings as sought for. Petitioner is entitled to raise all the contentions raised herein before the
learned Sessions Judge and seek an order of
Crmc 4198/10
3
discharge under Section 227 of Code of Criminal
Procedure.
Petition is disposed.
M.SASIDHARAN NAMBIAR, JUDGE.
uj.
1 issue framed by the court
Whether criminal proceedings should be quashed under Section 482 CrPC for lack of evidence.
1 provisions across 1 enactments
NOUSHAD
STATE OF KERALA
M.SASIDHARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
