Allowed

Faid Faijar @ Fahad Fahajas P.P. v. State of Kerala

Kerala HC22 Mar 2016Crl.MC/1495/2016

Case brief

AI extract

What is this about?

The High Court of Kerala quashed further criminal proceedings against the petitioner (second accused) in a separate complaint file. Finding that all occurrence witnesses turned hostile and no evidence existed against the accused in the first trial, the court held that continuing the trial served no purpose and allowed the petition under Article 226 of the Constitution.

What did the court decide?

All further proceedings against the petitioner in C.C. No. 2182/2014 before the Judicial First Class Magistrate's Court, Kuthuparamba are quashed.

Faid Faijar @ Fahad Fahajas P.P. Vs State of… — Civil Procedure and Limitation | 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 22ND DAY OF MARCH 2016/2ND CHAITHRA, 1938

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Crl.MC.No. 1495 of 2016

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CC 2182/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KUTHUPARAMBA CRIME NO. 874/2013 OF KUTHUPARAMBA POLICE STATION, KANNUR

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PETITIONER(S)/ACCUSED NO. 2:

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FAID FAIJAR @ FAHAD FAHAJAS P.P. S/O HAMSA, BENZYAHAD MAHAL, KOTTAYAM POIL, KUTHUPARAMBA.P.O, KUTHUPARAMBA ASMOSM,

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BY ADVS. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI

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RESPONDENT(S)/STATE:

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM THROUGH S.H.O. KUTHUPARAMBA POLICE STATION, KANNUR DISTRICT-670 141.

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BY PUBLIC PROSECUTOR SMT.MAYA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1495 of 2016

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE A1: TRUE CERTIFIED COPY OF THE FIR IN CRIME NO. 874/13 OF KUTHUPARAMB POLICE STATION

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ANNEXURE A2: TRUE COPY OF THE CHARGE SHEET AGAINST THE PETITIONER IN CRIME NO. 874/13 OF KUTHUPARMBA POLICE STATION

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ANNEXURE A3: TRUE CERTIFIED COPY OF THE JUDGMENT IN CC NO. 1750/13 ON THE FILE OF J.F.C.M. COURT, KUTHUPARMBA

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RESPONDENT(S)' EXHIBITS

NIL.

/ TRUE COPY /

P.S. TO JUDGE

B. KEMAL PASHA, J.

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................................................................ CRL.M.C. No. 1495 of 2016 ............................................................... Dated this the 22^nd day of March, 2016

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O R D E R

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Petitioner is the second accused in Crime No.874/2013 of the Kuthuparamba Police Station, Kannur, the final report of which was taken on file as C.C.No.1075/2013 of the Judicial First Class Magistrate's Court, Kuthuparamba. A1, A3 and A4 in the case faced the trial and they were acquitted through Annexure A3 judgment. It seems that all the occurrence witnesses have turned hostile to the prosecution and did not support the prosecution case. It was a case where there was no evidence that the accused committed any of the offences. The case against the petitioner is split up and refiled as C.C.No.2182/2014.

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CRL.M.C.No. 1495 of 2016

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-: 2 :-

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On going through Annexure A3 judgment, it

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seems that no purpose would be served in proceeding with the trial of the case in C.C.2182/2014 of the court below.

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Matters being so, all further proceedings as against the petitioner in C.C.No.2182 of 2014 before the Judicial First Class Magistrate's Court, Kuthuparamba in Crime No.874/2013 of the Kuthuparamba Police Station, Kannur can be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings as against the petitioner in C.C.No.2182 of 2014 before the Judicial First Class Magistrate's Court, Kuthuparamba in Crime No.874/2013 of the Kuthuparamba Police Station, Kannur are hereby quashed.

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Sd/- B. KEMAL PASHA, JUDGE.

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ul/-

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[True copy] P.S. to Judge

Faid Faijar @ Fahad Fahajas P.P. v. State of Kerala

Case brief

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Faid Faijar @ Fahad Fahajas P.P. v. State of Kerala

Case brief

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