High Court quashed criminal proceedings against petitioners after trial court acquitted co-accused of similar charges. Court held acquittal shattered prosecution substratum, making further trial meaningless resource wastage.
Impugned charge sheet and all further proceedings pending against petitioners in C.C.No.2469/2014 stand quashed.
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 ALEXANDER THOMAS
WEDNESDAY, THE 1ST DAY OF JULY 2015/10TH ASHADHA, 1937
Crl.MC.No. 3497 of 2015
CC 1094/2009 SPLIT UP AND RE-FILED AS CC.24692014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - I, KASARAGOD
CRIME NO. 223/2009 OF BADIADUKKA POLICE STATION, KASARGOD
PETITIONER(S)/ACCUSED 1 AND 3:
1. M.C.MAJEED, AGED 41 YEARS, S/O.LATE MOOSA, R/AT CHARALADUKKA, NEKRAJE VILLAGE, KASARAGOD DISTRICT.
2. K.P.BASHEER, AGED 29 YEARS, S/O.ABDUL RAHIMAN, R/AT KAPPIL KADAPPURAM, PALAKKUNNU, UDUMA VILLAGE, KASARAGOD DISTRICT
BY ADV. SRI.KODOTH SREEDHARAN
RESPONDENT(S)/COMPLAINANT:
-----------------------------------------------
STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, BADIADKA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.N.SURESH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
msv/
Crl.MC.No. 3497 of 2015
APPENDIX
PETITIONER(S)' ANNEXURES:
ANNEXURE I : TRUE COPY OF THE FINAL REPORT IN CRIME NO.223/2009 DT 11-12-2009 BY THE BADIADKA POLICE STATION.
ANNEXURE II : TRUE COPY OF THE JUDGMENT IN CC.NO.1094/2009 BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KASARAGOD.
RESPONDENT(S)' ANNEXURES:
NIL
//TRUE COPY//
P.S.TO JUDGE
Msv/
ALEXANDER THOMAS, J.
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Crl.M.C No.3497 of 2015
==================
Dated this the 1st day of July, 2015 O R D E R
The petitioners herein are original accused Nos.1 and 3 in Crime No.223/2009 of Badiadka Police Station, for offences registered under Secs. 341, 323, 324 and 506(ii) r/w 34 of IPC. Original accused No.2 faced trial. The case against the petitioners herein has subsequently been re-numbered as C.C.No. 2469/2014 on the file of the Judicial First Class Magistrate's Court-I, Kasaragod. After meticulous appraisal of the evidence on record, the trial court concluded in Anx. II judgment that there is no evidence to connect the said co-accused person with the impugned criminal charges and had accordingly, acquitted the said co-accused. The petitioners have filed the instant criminal case with the prayer for quashment of the impugned criminal proceedings pending against them on the ground that the substratum of the prosecution case has been shattered by the acquittal of the said co-accused persons as per
Crl.M.C No.3497 of 2015 - : 2 :-
Anx.II judgment.
Crl.M.C No.3497 of 2015 - : 3 :-
arising therefrom pending against the petitioners herein stand quashed.
With these observations and directions, the Criminal
Miscellaneous Case stands finally disposed of.
sd/-
sab
ALEXANDER THOMAS, JUDGE
1 issue framed by the court
Whether criminal proceedings against petitioners can be quashed following acquittal of co-accused?
M.C. MAJEED
K.P. BASHEER
STATE OF KERALA
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
