Allowed

Shahan v. State of Kerala

Kerala HC24 May 2018Crl.MC/1755/2018

Case brief

AI extract

What is this about?

This Criminal Misc. Case allowed a petition under Section 482 Cr.P.C. to quash proceedings against the petitioner. The court held that no purpose would be served by trying the petitioner after his co-accused were acquitted in the same case.

What did the court decide?

The proceedings in CC No. 401 of 2018 Judicial First Class Magistrate-I, Attingal are quashed so far as the petitioner is concerned.

Shahan Vs State of Kerala — Criminal Trial and Appeal | 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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THURSDAY, THE 24TH DAY OF MAY 2018 / 3RD JYAISHTA, 1940

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Crl.MC.No. 1755 of 2018

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-----------------------LP 101/1998 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I,ATTINGAL CRIME NO. 56/1993 OF KADINAMKULAM POLICE STATION , THIRUVANANTHAPURAM

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-----------

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PETITIONER

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SHAHAN, AGED 44 YEARS, S/O.ABDUL GAFOOR, PANDAKASALA HOUSE, PERUMATHURA SARAKARA CHIRAYANKEEZHU, THIRUVANANTHAPURAM.

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BY ADV.SRI.JAMES ABRAHAM (VILAYAKATTU)

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KADINAMKUILAM POLICE STATION, REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY SENIOR PUBLIC PROSECUTOR SRI ALEX M THOMBRA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24-05-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.V.

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Crl.MC.No. 1755 of 2018 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE A1	A TRUE COPY OF THE FINAL REPORT IN CRIME NO.56/1993
ANNEXURE A2	A TRUE COPY OF THE JUDGMENT DATED 6.5.1998 IN CC NO.185/94 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ATTINGAL.
ANNEXURE A3	A TRUE COPY OF TEH JUDGMENT DATED 12.7.2002 IN CRL.APPEAL NO.601/1998
ANNEXURE A4	A TRUE COPY OF THE ORDER DATED 11.1.2018 IN CRL.M.C NO.8489/2017

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RESPONDENTS ANNEXURES: NIL

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/TRUE COPY/

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K.V. P.S.TO JUDGE 24.05.2018

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K. ABRAHAM MATHEW, J.

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-------------------------------------------------Crl.M.C. No. 1755 of 2018

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Dated this the 24^th day of May, 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.Petitioner was the third accused in CC No. 185 of 1994

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on the file of the Judicial First Class Magistrate-I, Attingal, in which there were 11 accused. He and the 10^th accused were absconding. The others were tried for the offences under Sections 143, 147, 427 & 447 r/w Section 149 of the Indian Penal Code. All the other accused except the petitioner and the 10^th accused were acquitted by Annexcure A2 judgment. The case of the petitioner and the 10^th accused was removed to the Register of Long Pending Cases. Pursuant to the direction issued by this Court, the petitioner surrendered before the trial court and his case is now pending on the file of the trial court as CC No. 401 of 2018. The proceedings are sought to be quashed on the ground of the acquittal of the co-accused.

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..2..

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Crl.M.C. No. 1755 of 2018

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

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4.I have perused Annexure A2 judgment, by which the accused except the petitioner and the 10^th accused 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 CC No. 401 of 2018 Judicial First Class Magistrate-I, Attingal are quashed so far as the petitioner is concerned.

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Sd/- K. ABRAHAM MATHEW JUDGE

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bka/24.05.2018

Shahan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shahan v. State of Kerala

Case brief

What is this about?

What did the court decide?

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