The High Court quashed criminal proceedings against the petitioner in CC 1206/2017, holding that since co-accused were acquitted for want of evidence, the prosecution case had collapsed and trying the petitioner served no purpose under Section 482 Cr.P.C.
Proceedings against the petitioner in C.C.No.1206/2017 are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
MONDAY, THE 26TH DAY OF MARCH 2018 / 5TH CHAITHRA, 1940
Crl.MC.No. 1386 of 2018
AGAINST THE ORDER/JUDGMENT IN CC 1206/2017 (OLD NO.872/2010) of J.M.F.C.-II, CHERTHALA CRIME NO. 287/2009 OF POOCHACKAL POLICE STATION, ALAPPUZHA
PETITIONER(S)/ACCUSED NO.14
YUSUF, S/O MUHAMMED, AGED 32 YEARS, PRAVEKKERICHIRA, WARD NUMBER 2, PANAVALLY PANCHAYAT, CHERTHALA ,ALAPPUZHA DISTRICT.
BY ADVS.SRI.ABDUL JALEEL.A
SMT.M.A.SULFIA
RESPONDENT(S)
1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. CIRCLE INSPECTOR OF POLICE, CHERTHALA, ALAPPUZHA DISTRICT.
BY SR. PUBLIC PROSECUTOR SRI.C.S.HRITHIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1386 of 2018 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A1 CERTIFIED COPY OF THE FIR WITH CRIME NO.287/2009 OF POOCHACKAL POLICE STATION
ANNEXURE A2 CERTIFIED COPY OF THE CHARGE SHEET IN CC 1206/2007 (OLD CC NO.872/2010) ON THE FILES OF THE LEARNED JUDICIAL 1ST CLASS MAGISTRATE COURT-2, CHERTHALA.
ANNEXURE A3 CERTIFIED COPY OF JUDGMENT IN CC NUMBER 872/2010 OF LEARNED JUDICIAL 1ST CLASS MAGISTRATE COURT-2, CHERTHALA.
RESPONDENTS' EXHIBITS : NIL
/TRUE COPY/
P. A. TO JUDGE
Pn
K.ABRAHAM MATHEW, J.
Crl.M.C.No.1386 of 2018
Dated this the 26th day of March, 2018
O R D E R
Petition filed under Section 482 Cr.P.C.
C.C.No.872/2010 on the file of the Judicial First Class Magistrate Court-II, Cherthala. He along with the coaccused are alleged to have committed the offences under Section 401 of IPC. As the petitioner and accused Nos. 10 and 11 were absconding, the case against them was split up and only the others were tried. The accused who were tried were acquitted by Annexure-A3 judgment. The case against the petitioner and the other two accused has been refiled as C.C.No.1206/2017. Pursuant to the directions issued by this Court, the petitioner surrendered before the court below and paid the amount covered by the bond executed by him when he was released on bail. The prayer in this Crl.M.C is to quash the proceedings as against the petitioner
Crl.M.C.No.1386 of 2018
2
on the ground of acquittal of the accused who were tried.
the learned Public Prosecutor.
In the result, this Crl.M.C is allowed. The proceedings as against the petitioner in C.C.No.1206/2017 on the file of the Judicial First Class Magistrate Court-II, Cherthala are quashed.
Sd/-
K.ABRAHAM MATHEW
JUDGE
vgd/26.03.18
1 issue framed by the court
Whether criminal proceedings against the petitioner should be quashed in light of the acquittal of co-accused for want of evidence.
1 provisions across 1 enactments
YUSUF
STATE OF KERALA
K.ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
