This court allowed a petition to quash criminal proceedings against the petitioner (accused No.3). The trial of co-accused ended in acquittal due to hostile witnesses, making further trial of the petitioner unnecessary.
Proceedings in C.C. No.6/2010 of the Judicial First Class Magistrate's Court, Muvattupuzha, are hereby quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
FRIDAY, THE 12TH DAY OF FEBRUARY 2016/23RD MAGHA, 1937
Crl.MC.No. 658 of 2016
C.C.NO.6/2010 OF JUDICIAL FIRST CLASS MAGISTRATE'S COURT, MUVATTUPUZHA CRIME NO. 592/2006 OF MUVATTUPUZHA POLICE STATION , ERNAKULAM
PETITIONER(S)/ACCUSED NO.3 :
BAVA @ RAFEEK, AGED 36 YEARS, S/O.MEERAN, NEDIYAN HOUSE, PALLIPURAM KARA, MARAMPILLY VILLAGE, PERUMBAVOOR, ERNAKULAM DISTRICT.
BY ADV. SRI.AMEER.K.M.
RESPONDENT(S)/COMPLAINANT & STATE :
THE STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, MUVATTUPUZHA POLICE STATION, ERNAKULAM DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
Crl.MC.No. 658 of 2016
APPENDIX
PETITIONER(S)' ANNEXURES :
ANNEXURE A1 : THE TRUE CERTIFIED COPY OF THE FIR IN CRIME NO.592/2006 OF MUVATTUPUZHA POLICE STATION.
ANNEXURE A2 : THE TRUE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.592/2006 OF MUVATTUPUZHA POLICE STATION.
ANNEXURE A3 : THE TRUE CERTIFIED COPY OF THE JUDGMENT DATED 06-01-2010 IN C.C NO.737/2006 ON THE FILE OF THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE'S COURT-1, HOSDURG.
RESPONDENT(S)' ANNEXURES :
NIL
//TRUE COPY//
P.S.TO JUDGE.
Msd.
B. KEMAL PASHA, J.
................................................................ CRL.M.C. No. 658 of 2016
............................................................... Dated this the 12th day of February, 2016
O R D E R
Petitioner was originally the 3rd accused in C.C.No.737/2006 of the Judicial First Class Magistrate's Court, Muvttupuzha which has arisen from Crime No.592/2006 of the Muvattupuzha Police Station registered for the offences punishable under Sections 323, 324 and 326 of the Indian Penal Code read with Section 34 IPC. The case against A1 and A2 was proceeded with as C.C.No.737/2006. As the petitioner was absconding, the case against him was split up and refiled. C.C.No.737/2006 has ended in acquittal through Annexure A3 judgment.
was the injured had turned hostile to the prosecution before
CRL.M.C.No. 658 of 2016
-: 2 :-
the court below. According to him, it was a mob who attacked him and he could not identify the members of the mob. CWs.2 to 4 also turned hostile to the prosecution and
did not support the prosecution case. Consequently, A1 and A3 were acquitted. Presently, the case against the petitioner is pending as C.C.No.6/2010 before the court below.
In the result, this Crl.M.C. is allowed and all further proceedings in C.C. No.6/2010 of the Judicial First Class Magistrate's Court, Muvattupuzha, as against the petitioner,
CRL.M.C.No. 658 of 2016
-: 3 :-
based on Annexure A2 Final Report in Crime No.592/2006 of the Muvattupuzha Police Station, are hereby quashed.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
[True copy] P.S. to Judge
2 issues framed by the court
Whether the criminal proceedings against the petitioner can be quashed given the acquittal of other accused due to hostile witnesses.
If the evidence in the related trial makes conviction impossible, should the separate pending trial be quashed.
1 provisions across 1 enactments
BAVA @ RAFEEK
THE STATE OF KERALA
B. KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
