Allowed

Fasal Ul Rahman v. State of Kerala

Kerala HC17 Mar 2016Crl.MC/1137/2016

Case brief

AI extract

What is this about?

High Court of Kerala allowed a criminal miscellaneous petition and quashed further proceedings against the sole remaining accused in a case where all other co-accused were previously acquitted for want of evidence, as continuing the trial would serve no purpose.

What did the court decide?

Quashed further proceedings against the petitioner in LP No.178/2009 arising from Crime No.44/1999.

Fasal Ul Rahman Vs State of Kerala — Quashing and FIR | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

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THURSDAY, THE 17TH DAY OF MARCH 2016/27TH PHALGUNA, 1937

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Crl.MC.No. 1137 of 2016 ()

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LP.NO.178/09 IN CC 134/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-III, PALAKKAD. CRIME NO. 44/1999 OF HEMAMBIKA NAGAR POLICE STATION, PALAKKAD.

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PETITIONER/ACCUSED NO.7:

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FASAL UL RAHMAN, AGED 37 YEARS, S/O.T.M.ABDUL GAFUR, KUTTANPARA HOUSE, KIDANGOOR, ANGAMALI, ERNAKULAM.

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BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)

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RESPONDENT/STATE:

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031.

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BY PUBLIC PROSECUTOR SMT.MAYA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mbr/

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Crl.MC.No. 1137 of 2016 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES:

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ANNEXURE-A: CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.44/1999 OF HEMAMBIKA NAGAR POLICE STATION, PALAKKAD.

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ANNEXURE-B: CERTIFIED COPY OF THE JUDGMENT IN C.C.NO.179/2007 OF THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE-III, PALAKKAD DATED 28.08.2008.

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RESPONDENT(S)' ANNEXURES: NIL

//TRUE COPY//

P.S. TO JUDGE

mbr/

B. KEMAL PASHA, J.

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Crl.M.C. No.1137 of 2016

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Dated this the 17^th day of March, 2016

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O R D E R

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~ ~ ~ ~ ~ ~

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Petitioner is originally the 7^th accused in CC

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No.76/1999 of the Judicial First Class Magistrate's Court-III, Palakkad, which had arisen from Crime No.44/1999 of Hemambika Nagar Police Station, Palakkad, for the offences punishable under Sections 143, 147, 148, 323 and 324 read with Section 149 IPC.

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The petitioner and A3 in the case were absconding. The case against them was split up and refiled as CC No.179/2007. All the other accused, except A3 and the petitioner, were acquitted, as there was no evidence against them in the case. Even PW1, who was examined

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Crl.M.C.1137/2016

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: 2 :

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before the court below, did not support the prosecution case. CW2 to CW4 were not available for examination as they were abroad. They are still abroad. Subsequently, the original 3^rd accused, who is the 1^st accused in CC No.179/2007, was also acquitted through Annexure-B judgment, for want of evidence. The petitioner is the only remaining accused in the case. The case against the petitioner was refiled as CC No.134/2008, which is presently pending as LP No.178/2009 of the Judicial First Class Magistrate's Court-III, Palakkad.

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Considering the judgments of acquittal of all the other accused, it seems that even if the trial against the petitioner is continued, no purpose would be served. Matters being so, all further proceedings as against the petitioner in LP No.178/2009 of the Judicial First Class Magistrate's Court-III, Palakkad, which has arisen from Crime No.44/1999 of Hemambika Nagar Police Station, Palakkad, can be quashed.

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Crl.M.C.1137/2016

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: 3 :

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In the result, this Crl.M.C. is allowed and all further proceedings against the petitioner in LP No.178/2009 of the Judicial First Class Magistrate's Court-III, Palakkad, which has arisen from Crime No.44/1999 of Hemambika Nagar Police Station, Palakkad, are quashed.

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Sd/- (B.KEMAL PASHA, JUDGE)

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aks/17/03

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// True Copy //

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PA to Judge

Fasal Ul Rahman v. State of Kerala

Case brief

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Fasal Ul Rahman v. State of Kerala

Case brief

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