Suhaib v. State of Kerala
Case brief
What is this about?
The High Court allowed a criminal miscellaneous case to quash proceedings against the 7th accused due to co-accused acquittal, hostile witnesses, and unnatural delay, conditioned on payment of mediation fees.
What did the court decide?
The criminal proceedings were allowed to be quashed subject to the petitioner paying Rs. 1,500 to the State Mediation and Conciliation Committee within fifteen days.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 26TH DAY OF MARCH 2018 / 5TH CHAITHRA, 1940
Crl.MC.No. 1625 of 2018
( AGAINST THE ORDER/JUDGMENT IN SC 77/2017 of ADDL. D.C. & SESSIONS COURT - I, KASARAGOD CRIME NO. 1066/2011 OF HOSDURG POLICE STATION , KASARGOD)
PETITIONER(S)/ACCUSED NO.7:-
SUHAIB @ MANDAN SUHAIB, S/O.IBRAHIM, AGED 27 YEARS, "PUTHIYAKANDAM HOUSE", KALLURAVI, KANHANGAD VILLAGE, KASARAGOD DISTRICT - 671 315.
BY ADV.SRI.P.K.SUBHASH
RESPONDENT(S)/STATE:-:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
R BY PUBLIC PROSECUTOR SRI.AMJAD ALI
Issues for consideration
2 issues framed by the court
Whether criminal proceedings should be quashed given acquittal of co-accused and hostile prosecution witnesses.
Whether delay in trial and absent petitioner's role warrants termination of prosecution.
Parties & counsel
- petitioner
SUHAIB @ MANDAN SUHAIB
- respondent
STATE OF KERALA
Coram
SUNIL THOMAS
Case details
As recorded by the court registry
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