Ashraf v. State of Kerala
Case brief
What is this about?
The High Court of Kerala allowed two criminal miscellaneous petitions filed by two accused persons in an explosives case.
What did the court decide?
The pending prosecutions against the petitioners in S.C No.24 of 2011 and S.C No.434 of 2013 were quashed under Section 482 CrPC.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
TUESDAY, THE 10TH DAY OF MARCH 2015/19TH PHALGUNA, 1936
Crl.MC.No. 765 of 2015 ()
AGAINST SC 24/2011 of ASSISTANT SESSIONS COURT, VADAKARA CRIME NO. 201/1996 OF KUTTIYADI POLICE STATION , KOZHIKODE
PETITIONER(S)/PETITIONER:
- ASHRAF AGED 41 YEARS
- S/O.KUNHAMMAD, PARAKAL HOUSE, MARUTHONGARA AMSOM ATUKKATH DESOM, KUTTIADY, KOZHIKODE(R)
- KHALID AGED 37 YEARS S/O.AMMED, POLIYANGI HOUSE, KAVILUMPARA AMSOM KUTTIADY, KOZHIKODE(R)
BY ADV. SMT.K.DEEPA (PAYYANUR)
RESPONDENT(S)/RESPONDENTS:
Issues for consideration
3 issues framed by the court
Whether the prosecution should be quashed in view of complete acquittal of co-accused and hostile prosecution witnesses in the same crime.
Whether the substratum of the prosecution case stands lost under Section 482 CrPC.
Whether the trial should be stopped to save the time of the trial court.
Parties & counsel
- petitioner
ASHRAF
- petitioner
KHALID
- respondent
STATE OF KERALA
Coram
Case details
As recorded by the court registry
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