Allowed

K. Sasi @ Sasidharan v. the State of Kerala

Kerala HC6 Jul 2018Crl.MC/1600/2018

Case brief

AI extract

What is this about?

A petition against a second accused seeking quashing of criminal proceedings was allowed after the acquittal of co-accused. The court held that no purpose would be served by continuing the trial against the petitioner in the same charges.

What did the court decide?

quashed the proceedings in C.C. No.1964 of 2014 on the file of the Judicial Magistrate of First Class-II, Hosdurg.

K. Sasi @ Sasidharan Vs the State of Kerala — Kerala HC (2018) — LawSathi Research

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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 6TH DAY OF JULY 2018 / 15TH ASHADHA, 1940

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Crl.MC.No. 1600 of 2018

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CC.1964/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II, HOSDRUG CRIME NO.218/1998 OF BEKAL POLICE STATION, KASARGOD

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PETITIONER/2ND ACCUSED :

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K. SASI @ SASIDHARAN, AGED 55 YEARS, S/O.KANNAN, RESIDING AT VELUTHOLI, PANAYAL VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.

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BY ADVS.SRI.T.MADHU SMT.C.R.SARADAMANI

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RESPONDENT/STATE:

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THE STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, BEKAL POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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BY SENIOR PUBLIC PROSECUTOR SRI.C.S.HRITWIK

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1600 of 2018

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE A1 THE TRUE CERTIFIED COPY OF THE FIR IN CRIME NO.218/1998 OF BEKAL POLICE STATION. ANNEXURE A2 THE TRUE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.218/1998 OF BEKAL POLICE STATION. ANNEXURE A3 THE TRUE CERTIFIED COPY OF THE JUDGMENT DATED 22-6-2006 IN C.C.NO.310/2004 ON THE FILES OF THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE'S COURT-II, HOSDURG. ANNEXURE A4 THE TRUE CERTIFIED COPY OF THE JUDGMENT DATED 14-7-2008 IN C.C.NO.142/2006 ON THE FILES OF THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE'S COURT-II, HOSDURG.

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RESPONDENT(S)' ANNEXURE

NIL

TRUE COPY

P.S. TO JUDGE

11.7.2018

K.ABRAHAM MATHEW J.

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Crl.M.C. No.1600 of 2018

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Dated this the 6^th day of July, 2018

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ORDER

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Petitioner was the 2^nd accused in Crime No.218 of 1998 of Bekal Police Station registered for the offences under Section 143, 147, 341, 353 and 506 read with Section 149 IPC. As he was absconding the case against him was split. It is now pending as C.C. No.1964 of 2014 on the file of the Judicial Magistrate of First Class-II, Hosdurg. Pursuant to the direction issued by this Court the petitioner surrendered before the court below. The prayer of the petitioner is to quash the proceedings in the light of acquittal of the coaccused.

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

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Crl.M.C. 1600/18

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-:2:-

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3. I have perused the judgment by which the coaccused were acquitted. I am satisfied that no purpose will be served by the trial of the petitioner.

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In the result, this Crl.M.C. is allowed. The proceedings in C.C. No.1964 of 2014 on the file of the Judicial Magistrate of First Class-II, Hosdurg are quashed.

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Sd/-

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K.ABRAHAM MATHEW JUDGE

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vps 9/7

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/True Copy/

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PS to Judge

K. Sasi @ Sasidharan v. the State of Kerala

Case brief

What is this about?

What did the court decide?

K. Sasi @ Sasidharan v. the State of Kerala

Case brief

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What did the court decide?

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