High Court of Kerala quashed Criminal Misc. Case No. 1124 of 2016 as moot, noting the underlying criminal complaint was settled, witnesses turned hostile, and the primary accused was acquitted in a prior related trial.
All further proceedings in C.C.No.1359/2012 against the petitioner 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
MONDAY, THE 14TH DAY OF MARCH 2016/24TH PHALGUNA, 1937
Crl.MC.No. 1124 of 2016
C.C.NO.1359/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-IV, KOZHIKODE
PETITIONER(S)/2ND ACCUSED :
SHABEER ALI THAMBARA, AGED 31 YEARS, S/O.ALI HAJI THAMBARA, 'THAMBARA', OZHUKOOR P.O., MORAYOOR, ERNAD TALUK, MALAPPURAM.
BY ADV. SRI.NIRMAL. S
RESPONDENT(S)/STATE & DEFACTO COMPLAINANT :
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. SHAJI M.M., AGED 51 YEARS,
R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
Crl.MC.No. 1124 of 2016
APPENDIX
PETITIONER(S)' ANNEXURES :
ANNEXURE-A1: COPY OF THE COMPLAINT DATED 11/12/2009. ANNEXURE-A2: COPY OF THE FIR NO.667/2009 DATED 14/12/2009. ANNEXURE-A3: COPY OF THE JUDGMENT IN CC NO.181/2010 JFCM-IV, KOZHIKODE, DATED 21.12.2012.
RESPONDENT(S)' ANNEXURES :
NIL
//TRUE COPY//
P.A.TO JUDGE.
Msd.
B.KEMAL PASHA, J.
================ Crl.M.C. No. 1124 of 2016
======================= Dated this the 14th day of March, 2016
O R D E R
The petitioner was originally the 2nd accused in C.C.No.181/2010 of the Judicial First Class Magistrate's Court-IV, Kozhikode, which had arisen from Crime No.667/2009 of the Nadakkavu Police Station, for the offences under Sections 420, 465, 468 and 471 read with Section 34 IPC.
Crl.M.C. No. 1124 of 2016
-: 2 :-
petitioner. The petitioner is the son of the 1st accused. The petitioner was working in gulf. As he was abroad, the petitioner could not face the trial in C.C.No.181/2010. All the witnesses, who were examined
as PWs.1 to 3 before the court below turned hostile to the prosecution and did not support the prosecution case. It was revealed that the case as such was settled between the parties and it was on that ground, they turned hostile to the prosecution. Consequently, the 1st accused, who faced the trial was acquitted through Annexure-A3 judgment. The case against the petitioner was split up and refiled as C.C.No.1359/2012 before the Judicial First Class Magistrate's Court-IV, Kozhikode. Presently, warrant is pending against the petitioner.
seems that the matter has been settled between the parties and no purpose would be served in proceeding with the trial in C.C.No.1359/2012 of the Judicial First Class Magistrate's Court-IV, Kozhikode as against the
Crl.M.C. No. 1124 of 2016
-: 3 :-
present petitioner. Matters being so, the proceedings are quiet unnecessary and therefore, the same can be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.1359/2012 of the Judicial First Class Magistrate's Court-IV, Kozhikode as against the present petitioner, are hereby quashed.
Sd/- B.KEMAL PASHA, JUDGE
stu
2 issues framed by the court
Whether criminal proceedings against the petitioner should be quashed after the original case was settled between the parties.
Whether continuing the trial would serve any purpose given the acquittal of the co-accused and hostile witness testimony.
1 provisions across 1 enactments
SHABEER ALI THAMBARA
STATE OF KERALA
SHAJI M.M.
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
