Basheer v. Muhammed Sajeer
Case brief
What is this about?
Court quashed criminal proceedings petitioners in C.C. No. 1170/2014 where substratum of case lost after acquittal of co-accused due to witness hostility and settlement.
What did the court decide?
Prosecution against petitioners in C.C. No. 1170/2014 quashed and petitioners released from prosecution.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
FRIDAY, THE 15TH DAY OF MAY 2015/25TH VAISAKHA, 1937
Crl.MC.No. 2236 of 2015 ()
CC.NO. 1170/2014 & CC.NO.1442/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -II, PERINTHALMANNA CRIME NO. 1228/2011 OF PERINTHALMANNA POLICE STATION, MALAPPURAM DISTRICT
PETITIONER(S)/ACCUSED NO.1 TO 4 :
1. BASHEER,S/O.MOIDEEN,
- KUNNUMMAL, MEKKARA VEEDU,
- AMMINIKKAD, MALAPPURAM DISTRICT.
2. SHAFI, S/O.HAMSA, KOZHIKKOD KUNNUMML HOUSE, MEKKARAVU, MALAPPURAM DISTRICT.
Issues for consideration
2 issues framed by the court
Whether the prosecution can continue against petitioners when material witnesses turned hostile in a related case due to settlement.
Whether the continuation of prosecution will serve any purpose given the acquittal of co-accused.
Parties & counsel
- petitioner
Basheer, S/o.Moideen and Others
- respondent
Muhammed Sajeer and Others
- respondent
State of Kerala
Coram
Case details
As recorded by the court registry
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