Allowed

Afsal v. the State of Kerala

Kerala HC29 Jun 2017Crl.MC/3414/2017

Case brief

AI extract

What is this about?

High Court of Kerala granted an application under Section 482 CrPC to quash criminal proceedings pending against the petitioner. The court observed that the incident stemmed from political rivalry, the primary informant failed to give evidence, and the first accused was acquitted, rendering no purpose in trying the fifth accused.

What did the court decide?

The criminal miscellaneous case allowed and the proceedings in S.C. No. 369 of 2015 on the file of the Additional Sessions Judge (Maradu), Kozhikode are quashed.

Afsal Vs the State of Kerala — Quashing and FIR | Kerala HC (2017)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶4

THURSDAY, THE 29TH DAY OF JUNE 2017/8TH ASHADHA, 1939

¶5

Crl.MC.No. 3414 of 2017

¶6

S.C.NO. 369/2015 OF THE ADDITIONAL DISTRICT SESSIONS (MARADU) COURT, KOZHIKODE (L.P 1/2016) CRIME NO. 612/2010 OF NADAPURAM POLICE STATION

¶7

PETITIONER(S)/ACCUSED :

¶8

AFSAL,

¶9

AGED 25 YEARS, S/O. MOIDU, CHALIL KADAMERI, VADAKARA TALUK, CALICUT DISTRICT, PIN-673 542.

¶10

BY ADV. SMT.P.K.PRIYA

¶11

RESPONDENT(S)/COMPLAINANT :

¶12

1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682 031, REPRESENTING THE S.H.O, NADAPURAM.

¶13

2. BALAN,

¶14

AGED 53 YEARS, S/O.ONAKKAN, VELUTHAPARAMBATH HOUSE, P.O.KADAMERI, VADAKARA TALUK, KOZHIKODE DISTRICT-673506.

¶15

R1 BY PUBLIC PROSECUTOR SRI. K.B.UDAYAKUMAR R2 BY ADV. SMT.S.LEKHA

¶16

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 29-06-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶17

Msd.

¶18

Crl.MC.No. 3414 of 2017

¶19

APPENDIX

¶20

PETITIONER(S)' ANNEXURES :

¶21

ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO.612/2010 OF NADAPURAM POLICE STATION.

¶22

ANNEXURE A2 TRUE COPY OF THE JUDGMENT DATED 28.09.2016 IN S.C.552/2016 ON THE FILES OF COURT OF SESSIONS, KOZHIKODE, SPECIAL ADDITIONAL JUDGE (MARAUD CASES), KOZHIKODE. ANNEXURE A3 THE TRUE COPY OF NOTARIZED COPY OF THE AFFIDAVIT OF THE DEFACTO COMPLAINANT IN CRIME NO.612/2010 DATED 02/05/2017 OF NADAPURAM POLICE STATION.

¶23

RESPONDENT(S)' ANNEXURES :

NIL

//TRUE COPY//

P.A.TO JUDGE

Msd.

K. ABRAHAM MATHEW, J.

¶29

Crl.M.C. No. 3414 of 2017

¶30

Dated this the 29^th day of June, 2017

¶31

O R D E R

¶32

Petition filed under Section 482 Cr.P.C.

¶33

2.The petitioner is the fifth accused in Crime No. 612 of 2010 of Nadapuram Police Station, registered for the offences under Sections 143, 147, 448 and 427 r/w Section 149 of the Indian Penal Code. As he was not available for trial, his case was split up. Now it is pending on the file of the Additional Sessions Judge (Maradu), Kozhikode as SC No. 369 of 2015. The first accused was tried and acquitted. The case against the fourth accused was quashed by this Court in Crl.M.C. No.1220/2017. The prayer is to quash the proceedings against the petitioner also.

¶34

3.Heard the learned counsel for the petitioner and the learned Public Prosecutor.

¶35

4.The incident took place because of political rivalry.

¶36

Crl.M.C. No. 3414 of 2017

¶37

..2..

¶38

Even the first informant could not give evidence in support of the prosecution when he was examined during the trial of the first accused. That is why, by Annexure A2 judgment, the trial court acquitted him. The case against the fourth accused has been quashed. No purpose will be served by the trial of the petitioner. So, I am inclined to grant the prayer.

¶39

In the result, the Crl.M.C. is allowed. The proceedings in SC No. 369 of 2015 on the file of the Additional Sessions Judge (Maradu), Kozhikode are quashed.

¶40

Sd/- K. ABRAHAM MATHEW JUDGE

¶41

bka/-

Afsal v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Afsal v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Navas Vs State of Kerala

Sarath K.V Vs State of Kerala

Lijin Vs State of Kerala

Saji Vs State of Kerala

Sajeev Vs State of Kerala

Afsal Vs the State of Kerala