The court quashed criminal proceedings against two accused persons in a matrimonial dispute case. The judgment noted that all occurrence witnesses, including the injured, had turned hostile to the prosecution, making further proceedings futile.
All further proceedings against the petitioners in CC No.1911/2015 are 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 B.KEMAL PASHA
THURSDAY, THE 31ST DAY OF MARCH 2016/11TH CHAITHRA, 1938
Crl.MC.No. 1104 of 2016 ()
AGAINST THE ORDER/JUDGMENT IN CC 1911/2015 of J.M.F.C.-II, HOSDRUG CRIME NO. 161/2012 OF BEKAL POLICE STATION , KASARAGOD
PETITIONER(S)/A1 & A2:
BY ADV. SRI.S.VISHNU (TRIPUNITHURA)
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PIN-682 031.
R BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1104 of 2016 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE I- A TRUE COPY OF THE F.I.R IN CRIME NO.161/12 OF BEKAL POLICE STATION, KASARAGOD DISTRICT.
ANNEXURE II- A TRUE COPY OF THE FINAL REPORT.
ANNEXURE III- A TRUE COPY OF THE JUDGMENT DATED 30.9.2015 IN C.C.NO.807 OF 2012 OF JFCM-II, HOSDURG.
RESPONDENT(S)' EXHIBITS : NIL
// True Copy //
PA to Judge
B. KEMAL PASHA, J.
Crl.M.C. No.1104 of 2016
Dated this the 31st day of March, 2016
O R D E R
Petitioners are accused Nos.1 and 2 in CC No.1911/2015 of the Judicial First Class Magistrate's Court-II, Hosdurg, which has arisen from Crime No.161/2012 of Bekal Police Station for the offences punishable under Sections 143, 147, 148, 341, 323, 324, 326, 294(b) and 506(ii) read with Section 149 IPC. All the other accused in the crime were acquitted through Annexure-III judgment. Annexure-III reveals that all the occurrence witnesses, including the injured, had turned hostile to the prosecution. No purpose would be served in proceeding with the matter further. Matters being so, all further proceedings against the petitioners in CC
Crl.M.C.1104/2016
: 2 :
No.1911/2015 of the Judicial First Class Magistrate's Court-II, Hosdurg, which has arisen from Crime No.161/2012 of Bekal Police Station, can be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings against the petitioners in CC No.1911/2015 of the Judicial First Class Magistrate's Court-II, Hosdurg, which has arisen from Crime No.161/2012 of Bekal Police Station, are quashed.
Sd/- (B.KEMAL PASHA, JUDGE)
aks/31/03
// True Copy //
PA to Judge
1 issue framed by the court
Whether criminal proceedings can be quashed when witnesses have turned hostile.
2 provisions across 1 enactments
BHARATHAN
SUDHEESH
STATE OF KERALA
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
