Allowed

Niyas v. State of Kerala

Kerala HC23 Mar 2018Crl.MC/1420/2018

Case brief

AI extract

What is this about?

The High Court allowed a petition under Section 482 Cr.P.C. seeking quashing of criminal proceedings. The Court held that since the petitioner was absconding and his co-accused were acquitted in a related trial, continuing the trial against him would serve no purpose, and thus quashed the proceedings.

What did the court decide?

The proceedings in CC No. 31 of 2015 on the file of the Chief Judicial Magistrate Court, Thodupuzha are quashed as against the petitioner.

Niyas Vs State of Kerala — Quashing and FIR | Kerala HC (2018)

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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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FRIDAY, THE 23RD DAY OF MARCH 2018 / 2ND CHAITHRA,1940

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Crl.MC.No. 1420 of 2018

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-----------------------CC 31/2015 OF CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA CRIME NO. 329/2010 OF THODUPUZHA POLICE STATION ,THODUPUZHA

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----------

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PETITIONER/1ST ACCUSED

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NIYAS, S/O. ALIYAR, AGED 39 YEARS, NEDUVELIL HOUSE, KAVUNGARAKKARA, MARKET P.O, MUVATTUPUZHA

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BY ADV.SRI.P.V.ELIAS

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RESPONDENT/COMPLAINANT:

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

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BY SENIOR PUBLIC PROSECUTOR SRI C.S.HRITHWICK

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.V.

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Crl.MC.No. 1420 of 2018 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE A1 TRUE COPY OF THE FINAL REPORT IN CRIME NO 329/201 OF THODUPUZHA POLICE STATION ANNEXURE A2 TRUE COPY OF THE JUDGMENT IN C.C NO 23/2015 ON THE FILE OF THE CJM COURT, THODUPUZHA ANNEXURE A3 TRUE COPY OF THE ORDER DATED 26/05/2016 IN CRIMINAL M.C NO 2923/2016 OF THE HIGH COURT OF KERALA ANNEXURE A4 TRUE COPY OF THE ORDER DATED 02/08/2017 IN CRL. M.C NO 4197/2017 OF THE HIGH COURT OF KERALA

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RESPONDENTS ANNEXURES: NIL

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/TRUE COPY/

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K.V. P.S.TO JUDGE

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24.03.2018

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K. ABRAHAM MATHEW, J.

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-------------------------------------------------Crl.M.C. No. 1420 of 2018

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Dated this the 23^rd day of March, 2018

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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 was the first accused in CC No. 23 of

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2011 on the file of the Chief Judicial Magistrate Court, Thodupuzha. He along with the co-accused allegedly committed the offences under Sections 143, 144, 147, 148, 283, 332, 353 & 427 r/w Section 149 of the Indian Penal Code. As the petitioner and three others were absconding, only the others were tried. They were acquitted. The case against the petitioner and the others was split up and refiled. The case against accused No.36 was quashed by this Court in Crl.M.C. No. 2923 of 2016 as seen from Annexure A3 order. The prayer in this Crl.M.C. is to quash the proceedings as against the petitioner also as no purpose will be served by his trial.

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3.Heard the learned counsel for the petitioner and the

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Crl.M.C. No. 1420 of 2018

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..2..

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learned Public Prosecutor.

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4.I have perused Annexure A2 judgment in CC No. 23 of 2011. I am satisfied that the trial of the petitioner will not serve any purpose. So, I am inclined to quash the proceedings as against him.

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

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in CC No. 31 of 2015 on the file of the Chief Judicial Magistrate Court, Thodupuzha are quashed as against the petitioner.

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Sd/-

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K. ABRAHAM MATHEW JUDGE

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bka/23.03.2018

Niyas v. State of Kerala

Case brief

What is this about?

What did the court decide?

Niyas v. State of Kerala

Case brief

What is this about?

What did the court decide?

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