In a criminal mischief case involving multiple accused, the High Court allowed an application to quash proceedings against the petitioner. The court observed that co-accused were acquitted and further trial served no purpose.
The proceedings as against the petitioner in S.C No. 121 of 2015 of the Additional Sessions Court-I, Kasargod are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
WEDNESDAY, THE 18TH DAY OF JULY 2018 / 27TH ASHADHA, 1940
Crl.MC.No. 1898 of 2018
SC 121/2015 of ADDITIONAL DISTRICT & SESSIONS COURT - I, KASARAGOD CRIME NO. 137/2010 OF BEKAL POLICE STATION, KASARGOD
PETITIONER(S)/ACCUSED
ALI ASKAR. K @ ASKAR AGED 36 YEARS, S/O. KUTTY AMI, JUMA MASJID ROAD, KEEZHUR, KALANAD VILLAGE, KASARAGOD DISTRICT.
BY ADV.SRI.A.ARUNKUMAR
RESPONDENT(S)/COMPLAINANT/STATE:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
R BY SRI.C.S.HRITHWIK, SR.PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1898 of 2018 ()
APPENDIX
PETITIONER(S)' ANNEXURES :-
| ANNEXURE AI |
A TRUE COPY OF THE FINAL REPORT IN CRIME NO. 1068 OF 2010 BY THE BEKAL POLICE STATION, KASARAGOD. |
|---|---|
| ANNEXURE AII | A TRUE COPY OF THE JUDGMENT IN S.C.465 OF 2011 ON THE FILES OF ADDITIONAL DISTRICT AND SESSIONS COURT-I, KASARAGOD DATED 14.10.2014. |
| ANNEXURE AIII | A TRUE COPY OF THE COMMON ORDER DATED 30.07.3015 IN CRL.M.C.NOS.4793 OF 2015 AND 4828 OF 2015. |
RESPONDENT(S)' ANNEXURES :- NIL
//TRUE COPY//
PA TO JUDGE
SMA
K.ABRAHAM MATHEW, J.
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Crl. M.C. No. 1898 of 2018
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Dated this the 18th day of July, 2018
ORDER
Petitioner was the 14th accused in S.C.No. 465 of 2011 of Additional Sessions Court-I, Kasargod in which they were about 21 accused. The accused were alleged to have committed the offences under sections 143, 147, 148, 308, 324, 332, 341, 427 r/w 149 IPC and section 3(1) of PDPP Act. As the petitioner and some others were absconding the case against them was split up and the others were tried. They were acquitted by Annexure A2 judgment. The case against the petitioner is now pending as S.C.No.121 of 2015 on the file of the Additional Sessions Court-I, Kasargod. He surrendered before the court below. The prayer is to quash the proceedings as against him in the light of the acquittal of the co-accused.
learned Public Prosecutor.
Crl. M.C. No. 1898 of 2018
2
satisfied that the trial of the petitioner will not serve any purpose.
In the result this Crl.M.C is allowed. The proceedings
as against the petitioner in S.C No. 121 of 2015 of the Additional Sessions Court-I, Kasargod are quashed.
Sd/-
K. ABRAHAM MATHEW,
JUDGE
//True Copy//
PA TO JUDGE
SMA
1 issue framed by the court
Whether the proceedings against the petitioner in a split criminal trial can be quashed in light of the acquittal of co-accused.
2 provisions across 2 enactments
Ali Askar. K @ Askar
State of Kerala
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
