Quashed

Shamseer v. State of Kerala

Kerala HC2 Jul 2015Crl.MC/187/2015

Case brief

AI extract

What is this about?

This criminal miscellaneous petition by Accused No.2 sought quashment of proceedings under the Kerala Forest Act. The court observed that co-accused persons were acquitted by the trial court for lack of evidence, shattering the prosecution case. Consequently, the court quashed the impugned order and all further proceedings against the petitioner.

What did the court decide?

Quashing of the impugned Order No.1/2010 of Mananthavady Forest Range and all further proceedings pending against the petitioner arising therefrom.

Shamseer Vs State of Kerala — Writ and Judicial Review | Kerala HC (2015)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE ALEXANDER THOMAS

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THURSDAY, THE 2ND DAY OF JULY 2015/11TH ASHADHA, 1937

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Crl.MC.No.187 of 2015

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CC NO.163/2011 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, MANANTHAVADY. OR NO.1/2010 OF MANANTHAVADY FOREST RANGE OFFICE,WAYANAD.

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PETITIONER/ACCUSED NO.2:

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SHAMSEER,S/O.SAINUDHEEN,AGED 28 YEARS, MUCHIKKUTTATHIL HOUSE,THONDERNAD.

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BY ADVS.SRI.ANEESH JOSEPH SRI.NIRMAL V NAIR SRI.RILGIN V.GEORGE

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RESPONDENT/COMPLAINANT/STATE:

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STATE OF KERALA,MANANTHAVADY, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,KOCHI - 682 031.

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BY PUBLIC PROSECUTOR SRI.N.SURESH.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.187 of 2015

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APPENDIX

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PETITIONER'S ANNEXURES:

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A1 - CERTIFIED COPY OF THE CHARGE SHEET OF THE MANANTHAVADY FOREST RANGE OFFICER OFFENCE NO.1/2010.

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A2 - TRUE COPY OF THE JUDGMENT IN CC 163/2011 DATED 16.7.2014 JFCM-I, MANANTHAVADY..

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RESPONDENT'S ANNEXURES:

NIL

//TRUE COPY//

P.S. TO JUDGE

ALEXANDER THOMAS, J.

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Crl.M.C.No. 187 of 2015

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==================

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Dated this the 2^nd day of July, 2015

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O R D E R

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The petitioner herein is the 2^nd accused in the impugned O.R.No.1/2010 of Mananthavady Forest Range, registered for offences punishable under Secs.27(1), (e)(iii), (iv) and 62 of the Kerala Forest Act, 1961, which led to the institution of C.C.No. 163/2011 on the file of the Judicial First Class Magistrate's Court-I, Mananthavady. Original accused Nos.1, 3, 4 and 5 faced trial. The petitioner did not participate in the trial. The case against the petitioner herein has been split up and re-filed as C.C.No.309/ 2014 on the file of the Judicial First Class Magistrate's Court-I, Mananthavady. After meticulous appraisal of the evidence on record, the trial court concluded in Anx.A-2 judgment that there is no evidence to connect the accused Nos.1, 3, 4 and 5 with the impugned criminal charges and had accordingly acquitted them. The petitioner has filed the instant Crl.M.C. with the prayer for quashment of the impugned criminal proceedings pending against

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Crl.M.C.187/15 - : 2 :-

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him on the ground that the substratum of the prosecution case has been shattered by the acquittal of the said co-accused persons as per Anx.A-2 judgment.

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Heard both sides.

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On a perusal of Anx.A-2 judgment it can be seen that the trial court has conclusively held that there is no evidence to connect the said co-accused (Accused Nos.1, 3, 4 and 5) with the impugned charges and acquitted them. From a mere reading of Anx.A-2 judgment it is crystal clear that the substratum of the prosecution case has been shattered by the acquittal of the said co-accused. In this view of the matter, it is ordered in the interest of justice that the impugned O.R.No.1/2010 of Mananthavady Forest Range, which has led to the institution of C.C.No.309/ 2014 on the file of the Judicial First Class Magistrate's Court-I, Mananthavady and all further proceedings arising therefrom pending against the petitioner herein stand quashed.

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With these observations and directions, the Criminal Miscellaneous Case stands finally disposed of.

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sdk+

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Sd/ALEXANDER THOMAS, JUDGE ///True copy/// P.S. to Judge

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Crl.M.C.187/15 - : 3 :-

Shamseer v. State of Kerala

Case brief

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Shamseer v. State of Kerala

Case brief

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