Allowed

P.Santhosh v. State of Kerala

Kerala HC19 Feb 2016Crl.MC/766/2016

Case brief

AI extract

What is this about?

The High Court of Kerala quashed further proceedings against the petitioner in a split criminal trial (CC No.1122/2014) where key prosecution witnesses had turned hostile and the matter was settled, deeming continued proceedings a waste of time.

What did the court decide?

All further proceedings against the petitioner in CC No.1122/2014 of the Judicial First Class Magistrate's Court, Taliparamba, are quashed.

P.Santhosh 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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FRIDAY, THE 19TH DAY OF FEBRUARY 2016/30TH MAGHA, 1937

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Crl.MC.No. 766 of 2016

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CC 1122/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, TALIPARAMBA CRIME NO. 761/2010 OF THALIPARAMBA POLICE STATION, KANNUR

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PETITIONER(S)/ACCUSED:

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P.SANTHOSH, AGED 39 YEARS, S/O BALAN, PARAKKAL HOUSE, KUTTIYERI AMSOM, NELLIPARAMBA, TALIPARAMBA VIA, KANNUR DT.

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BY ADVS.SRI.P.NARAYANAN SRI.NICHOLAS JOSEPH

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RESPONDENT(S)/COMPLAINANT:

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STATE OF KERALA, THROUGH STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 766 of 2016

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE 1: CERTIFIED COPY OF THE FINAL REPORT CHARGE SHEET IN CRIME761/10 OF TALIPARAMBA POLICE STATION

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ANNEXURE 2: CERTIFIED COPY OF THE JUDGMENT IN C.C. 435/11 OF JFCM COURT TALIPARAMBA

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ANNEXURE 3: CERTIFIED COPY OF DEPOSITION OF PW1 IN C.C. 435/11 OF JFCM COURT TALIPARAMBA

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ANNEXURE 4: CERTIFIED COPY OF THE DEPOSITION OF PW2 IN C.C. 435/11 OF JFCM COURT TALIPARAMBA

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RESPONDENT(S)' ANNEXURES

NIL.

/ TRUE COPY /

P.S. TO JUDGE

B. KEMAL PASHA, J.

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Crl.M.C. No.766 of 2016

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Dated this the 19^th day of February, 2016

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O R D E R

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~ ~ ~ ~ ~ ~

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Petitioner was originally the 2^nd accused in CC

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No.435/2011 of the Judicial First Class Magistrate's Court, Taliparamba, which has arisen from Crime No.761/2010 of Taliparamba Police Station. As the petitioner was absconding, the case against him was split up and refiled as CC No.1122/2014. A1 and A3 in CC No.435/2011 faced trial and they were acquitted through Annexure-2 judgment by the court below. PW1 was the injured in the case. PW2 is her husband. Both PW1 and PW2 turned hostile to the prosecution and they deposed that they could not identify any of the persons, who attacked them. The court below was satisfied that the matter was settled between the parties and on that ground, both A1 and A3 were acquitted through

Annexure-2 judgment.

Crl.M.C.766/2016

: 2 :

On hearing the learned counsel for the petitioner

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and learned Public Prosecutor, and on perusing Annexure-2 judgment, this Court is satisfied that no fruitful purpose will be served in proceeding with CC No.1122/2014 and it will be a sheer waste of time and there is no possibility of a conviction. Matters being so, all further proceedings against the petitioner in CC No.1122/2014 of the Judicial First Class Magistrate's Court, Taliparamba, which has arisen from Crime No.761/2010 of Taliparamba Police Station, can be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings against the petitioner in CC No.1122/2014 of the Judicial First Class Magistrate's Court, Taliparamba, which has arisen from Crime No.761/2010 of Taliparamba Police Station, are quashed.

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Sd/- (B.KEMAL PASHA, JUDGE)

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aks/19/02

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// True Copy //

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PA to Judge

P.Santhosh v. State of Kerala

Case brief

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P.Santhosh v. State of Kerala

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