Allowed

Nazeem K.K. v. State of Kerala

Kerala HC9 Dec 2016Crl.MC/7928/2016

Case brief

AI extract

What is this about?

On appeal under Section 482 CrPC, the High Court of Kerala quashed pending criminal proceedings against the petitioner. The Court held that since the prosecution had obtained sanction to withdraw the case against all accused, leading to acquittal of co-defendants, further trial was a futile exercise wasting judicial time.

What did the court decide?

This criminal miscellaneous petition is allowed; Annexure-I final report and all proceedings pursuant thereto against the petitioner pending as S.C. No. 443 of 2014 are quashed.

Nazeem K.K. 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 RAJA VIJAYARAGHAVAN V

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FRIDAY, THE 9TH DAY OF DECEMBER 2016/18TH AGRAHAYANA, 1938

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Crl.MC.No. 7928 of 2016 ()

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AGAINST SC 443/2014 of ASST. SESSIONS COURT, QUILANDY CRIME NO. 371/2011 OF KUTTIYADI POLICE STATION , KOZHIKODE

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PETITIONER(S)/7TH ACCUSED:

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NAZEEM K.K,

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AGED 28 YEARS, S/O AHAMMAD HAJI, THONDUKULANGARA, POST CHERAPURAM (VIA), KAKKATTIL, KOZHIKODE DISTRICT, PIN 673 501.

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BY ADVS.SRI.C.VATHSALAN

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SRI.K.RAKESH ROSHAN SMT.THUSHARA.V

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN 682 031.

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BY PUBLIC PROSECUTOR SRI.T.R.RENJITH

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 0912-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 7928 of 2016 ()

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APPENDIX

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PETITIONE ---------	R(S)' -----	ANNEXURES ---------
ANNEXURE	I	TRUE COPY OF THE FIR IN CRIME NO 371/2011 IN KUTTIYADI POLICE STATION AND FI STATEMENT.
ANNEXURE	II	CERTIFIED COPY OF THE CHARGE SHEET/ FINAL REPORT IN CRIME NO 371/2011 NOW PENDING AGAINST PETITIONER BEFORE THE ASSISTANT SESSIONS JUDGE, KOYILANDY AS S.C NO 443/2014
ANNEXURE	III	TRUE COPY OF THE PETITION AS CMP NO 20/2015 FILED IN S.C NO 130/2013 BY THE ADDITIONAL PUBLIC PROSECUTOR KOYILANDY
ANNEXURE	IV	TRUE COPY OF THE JUDGMENT DATED 23-02-2015 IN S.C NO 130/2013 OF THE ASSISTANT SESSIONS JUDGE KOYILANDY ACQUITTING THE 12 ACCUSED.

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RESPONDENT(S)' ANNEXURES

NIL

/TRUE COPY/

VPS PS TO JUDGE

RAJA VIJAYARAGHAVAN.V, J

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----------------------------------------

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Crl.M.C. No.7928 of 2016

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-----------------------------------------

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Dated this the 9th day of December, 2016

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O R D E R

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1.This petition is filed under section 482 of the Code of Criminal Procedure (hereinafter referred to as “the Code” for brevity).

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2.The petitioner is the accused in S.C. No. 443 of 2014 on the file of the Assistant Sessions Court, Koyilandy. The aforesaid case has its origin from Crime No.371 of 2011 of Kuttiyadi Police station registered alleging offences punishable under sections 143 147, 148, 323, 324, 308 read with 149 of the IPC.

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3.Investigation was conducted and final report was laid before the jurisdictional court arraying 15 persons as the accused, the petitioner being the 7^th accused. The petitioner and some of the accused were not available for committal and the case against rest of the accused were

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Crl.M.C.7928/2016 2

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committed to the court of Session and the same was numbered as S.C. No.130 of 2013. While the matter was pending before the learned Sessions Judge Annexure-III application was filed under section 321 of the Code by the Additional Public Prosecutor informing the court that the Government has accorded sanction to withdraw the matter with the leave of the court. The Additional Sessions Judge by Annexure-IV order granted leave and the prosecution proceedings were permitted to be withdrawn.

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4.Heard the learned counsel appearing for the petitioner as well as the learned Public Prosecutor.

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5.The learned counsel referring to Annexure-III petition filed by the Additional Public Prosecutor would submit that the sanction for withdrawal was granted in respect of all the accused and hence the benefit of the same should be extended to the petitioner as well. It is further urged that in view of the acquittal of the co-accused under Section 321, no purpose will be served in directing the petitioner

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Crl.M.C.7928/2016 3

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to undergo the ordeal of a trial.

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6.After going through the materials on record, I am of the

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firm view that no purpose is going to be served by directing the petitioner to face the trial at this stage. It can only be a futile exercise and will only serve to waste precious judicial time which can be used for more productive work. Sanction has been granted to withdraw the proceedings in Crime No. 371 of 2011 of the Kuttiyadi Police Station and in that view of the matter, there is ample merit in the submission of the learned counsel that the continuance of proceedings will serve no purpose.

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In the result, this petition is allowed. Annexure-I final report and all proceedings pursuant thereto against the petitioner now pending as S.C. No. 443 of 2014 on the file of the Assistant Sessions Court, Koyilandy are quashed.

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Sd/RAJA VIJAYARAGHAVAN.V. JUDGE

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vps

Nazeem K.K. v. State of Kerala

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Nazeem K.K. v. State of Kerala

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