Allowed

Muhammed Rafi v. State of Kerala

Kerala HC6 Apr 2018Crl.MC/1601/2018

Case brief

AI extract

What is this about?

In a criminal miscellaneous case, the High Court allowed the petition to quash proceedings. The petitioner, originally acquitted co-participants in an IPC and Sections 143, 147, 148, 225(B), 294(b), 324, 341, and 353 read with Section 149 IPC case, had been released on bail but faced pending charges. Finding no purpose served by his trial post-co-accused acquittal, the court quashed C.C.No. 280 of

What did the court decide?

Proceedings in C.C.No. 280/2018 on the file of the Judicial First Class Magistrate Court-I, Alathur were quashed.

Muhammed Rafi 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 6TH DAY OF APRIL 2018 / 16TH CHAITHRA, 1940

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Crl.MC.No. 1601 of 2018

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CC 441/2007 of JUDICIAL FIRST CLASS MAGISTRATE COURT,ALATHUR CRIME NO. 85/2001 OF WADAKKANCHERRY POLICE STATION , PALAKKAD

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-------

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PETITIONER(S)/ACCUSED

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MUHAMMED RAFI, S/O.ADAM MUHAMMAD, AGED 40 YEARS, MALLIKAVEED, MANGALAM,

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ANCHUMOORTHY P.O., ALATHUR, PALAKKAD DISTRICT.

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BY ADV.SRI.BABY MATHEW

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RESPONDENT(S)/COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,

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HIGH COURT OF KERALA, ERNAKULAM-682031.

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2. CIRCLE INSPECTOR OF POLICE,

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VADAKKENCHERY POLICE STATION, PALAKKAD DISTRICT-678001.

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3. SUB INSPECTOR OF POLICE,

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VADAKKENCHERY POLICE STATION, PALAKKAD DISTRICT-678001.

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BY SENIOR PUBLIC PROSECUTOR SRI.C.S.HRITHWIK

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-04-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1601 of 2018 ()

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APPENDIX

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PETITIONER(S)'ANNEXURES

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ANNEXURE I TRUE COPY OF THE FINAL REPORT DATED 25-06-2002 IN CRIME NO.85/2001.

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ANNEXURE II TRUE COPY OF THE JUDGMENT DATED 08-10-2007 IN CC 619/2002 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ALATHUR.

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RESPONDENT(S)'ANNEXURES - NIL

/TRUE COPY/

PS TO JUDGE

07.04.2018

K.ABRAHAM MATHEW, J.

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Crl.M.C.No.1601 of 2018

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Dated this the 6^th day of April, 2018 O R D E R

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The petitioner was the 6^th accused in C.C.No.619 of 2002 on the file of Judicial First Class Magistrate Court, Alathur. The accused were charged with having committed offcence under Section 143, 147, 148, 225(B), 294(b), 324, 341 and 353 read with Section 149 IPC. As the accused was absconding only the others were tried and they were acquitted by Annexure-II judgment. The case of the petitioner is now pending as C.C.No.280 of 2018 on the file of the Judicial First Class Magistrate Court-I, Alathur. Now the petitioner has surrendered before the court below and he has been released on bail. The proceedings against his is sought to be quashed on the ground of the acquittal of the co-accused.

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

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I have perused Annexure-II judgment by which all the other co-accused were acquitted. I am satisfied that no purpose will be served by the trial of the petitioner.

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Crl.M.C.No.1601 of 2018

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In the result, this Crl.M.C is allowed. Proceedings in C.C.No.280 on the file of Judicial First Class Magistrate Court-I, Alathur are quashed. If any material objects are produced in the case, the court below shall pass appropriate orders for their disposal.

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Sd/-

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K.ABRAHAM MATHEW, JUDGE.

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True copy

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P.A to Judge

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Muhammed Rafi v. State of Kerala

Case brief

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Muhammed Rafi v. State of Kerala

Case brief

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