Allowed

Afsal v. the State of Kerala

Kerala HC29 Jun 2017Crl.MC/3421/2017

Case brief

AI extract

What is this about?

In this criminal miscellaneous case, the High Court of Kerala allowed the petitioner's prayer to quash proceedings under Sections 143, 147, 427, 448, 149 IPC and Sections 3, 5 of the Explosives Act. The court quashed the pending trial due to the case's political nature, the first informant's withdrawal from prosecution, the acquittal of the first accused, and the quashing of the fourth accused's c

What did the court decide?

The proceedings in SC No. 1346 of 2014 pending before the Special Additional Sessions Judge (Maradu Cases), Kozhikode were quashed.

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

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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 K.ABRAHAM MATHEW

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

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Crl.MC.No. 3421 of 2017 ()

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SC. 1346/2014 OF SPECIAL ADDITIONAL SESSIONS COURT (MARADU CASES), KOZHIKODE CRIME NO. 613/2010 OF NADAPURAM POLICE STATION, KOZHIKODE

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PETITIONER(S):

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

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BY ADV. SMT.P.K.PRIYA

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RESPONDENT(S):

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

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2. THAYYULLATHIL KUNHIRAMAN, AGED 55 YEARS, S/O.KANNAN, VELUTHA PARAMBATH HOUSE, KATAMERI AMSOM AND DESOM, VATAKARA TALUK, KOZHIKODE-673 542

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R1 BY PUBLIC PROSECUTOR SRI.RAMESH CHAND R2 BY ADV. SMT.S.LEKHA

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

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SKG

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Crl.MC.No. 3421 of 2017 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO.613/2010 OF NADAPURAM POLICE STATION ANNEXURE A2 TRUE COPY OF THE JUDGMENT DATED 28.09.2016 IN SC.414/2016 ON THE FILES OF COURT OF SESSIONS, KOZHIKODE, SPECIAL ADDITIONAL JUDGE (MARADU CASES) KOZHIKODE ANNEXURE A3 THE TRUE COPY OF NOTARIZED COPY OF THE AFFIDAVIT OF THE DEFACTO COMPLAINANT IN CRIME NO.613/2010 DATED 2/5/2017 OF NADAPURAM POLICE STATION

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RESPONDENT(S)' ANNEXURES

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-----------------------NIL

/TRUE COPY/

P.S. TO JUDGE

SKG

K. ABRAHAM MATHEW, J.

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Crl.M.C. No. 3421 of 2017

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Dated this the 29^th day of June, 2017

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O R D E R

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Petition filed under Section 482 Cr.P.C.

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2.The petitioner is the fifth accused in Crime No. 613 of 2010 of Nadapuram Police Station, registered for the offences under Sections 143, 147, 448 & 427 r/w Section 149 of the Indian Penal Code and Section 3 & 5 of the Explosives Act. As he was not available for trial, his case was split up. Now it is pending on the file of the Special Additional Sessions Judge (Maradu Cases), Kozhikode as SC No. 1346 of 2014. The first accused was tried and acquitted. The case against the fourth accused was quashed by this Court in Crl.M.C. No.1216/2017. The prayer is to quash the proceedings against the petitioner also.

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

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..2..

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Crl.M.C. No. 3421 of 2017

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4.The incident took place because of political rivalry. 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.

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In the result, the Crl.M.C. is allowed. The proceedings

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in SC No. 1346 of 2014 on the file of the Special Additional Sessions Judge (Maradu Cases), Kozhikode are quashed.

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Sd/-

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K. ABRAHAM MATHEW JUDGE

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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?

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