Allowed

Iqbal M.V. v. the State of Kerala

Kerala HC15 Mar 2016Crl.MC/1138/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a Criminal Miscellaneous petition by the first accused. It quashed further proceedings in a long-pending case because the matter was settled between parties, the complainant could not identify the accused, and conviction was impossible, making further trial useless.

What did the court decide?

All further proceedings in L.P.No.42 of 2014 based on Annexure-A2 Final Report were quashed.

Iqbal M.V. Vs the 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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TUESDAY, THE 15TH DAY OF MARCH 2016/25TH PHALGUNA, 1937

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Crl.MC.No. 1138 of 2016 ()

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LPC.NO. 42/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -I,HOSDURG CRIME NO. 25/2010 OF CHANDERA POLICE STATION , KASARGOD DISTRICT

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PETITIONER/1ST ACCUSED:

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IQBAL M.V., AGED 26 YEARS, S/O.UMMER, RESIDING AT JAMEELA MANZIL, KOROLAM, SOUTH TRIKARIPUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.

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BY ADVS.SRI.T.MADHU SMT.C.R.SARADAMANI

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RESPONDENT/STATE:

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THE STATE OF KERALA THROUGH THE STATION HOUSE OFFICER, CHANDERA POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC RPOSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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CRL.MC.NO.1138/2016

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APPENDIX

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PETITIONER'S ANNEXURES:

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ANNEX A1	CERTIFIED COPY OF THE FIR IN CRIME NO.25/2010 OF CHANDERA POLICE STATION
ANNEX A2	CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.25/2010 OF CHANDERA POLICE STATION
ANNEX A3	CERTIFIED COPY OF THE JUDGMENT DATED 30/11/2013 IN CC.NO.317/2010 ON THE FILES OF THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE'S COURT-1, HOSDURG

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RESPONDENT'S ANNEXURES:

NIL

/TRUE COPY/

P.A.TO JUDGE

sts

B. KEMAL PASHA, J.

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====================

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Crl.M.C.No.1138 of 2016

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====================

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Dated this the 15^th day of March, 2016

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O R D E R

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The petitioner is the 1^st accused in Crime No.25 of 2010 of the Chandera Police Station, which was investigated and subsequently taken on file as C.C.No.317 of 2010 before the Judicial First Class Magistrate’s Court-I, Hosdurg. As the petitioner was absconding, the case against him was split up and re-filed as C.C.No.3358 of 2013, which is presently pending in the Long Pending Register as L.P.No.42 of 2014.

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The 2^nd accused in C.C.No.317 of 2010 faced trial and the same ended in acquittal. During trial in C.C.No.317 of 2010, it came out that the matter was settled between the

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parties. PW1, who is the defacto complainant deposed before the court below that he was attacked by a group of persons and he could not identify any of them. In such

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Crl.M.C.No.1138 of 2016

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-: 2 :-

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case, even if the trail against the petitioner is proceeded with, there is no possibility of a conviction. The continued trial of the case in L.P.No.42 of 2014 will be of no use at all and it would not result in a conviction. Matters being so, all further proceedings in L.P.No.42 of 2014 of the court below based on Annexure-A2 Final Report in Crime No.25 of 2010 of the Chandera Police Station, can be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings in L.P.No.42 of 2014 of the court below as against the petitioner, based on Annexure-A2 Final Report in Crime No.25 of 2010 of the Chandera Police Station, are hereby quashed.

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Sd/- B. KEMAL PASHA, JUDGE.

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DSV/15/3/16

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// True Copy //

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P.A. To Judge

Iqbal M.V. v. the State of Kerala

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Iqbal M.V. v. the State of Kerala

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