Allowed

Mohamad Khais v. State of Kerala

Kerala HC9 Apr 2018Crl.MC/2020/2018

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition under Section 482 Cr.P.C. quashing criminal proceedings against the petitioner, a surrendered co-accused, following the acquittal of his co-accused, determining that further trial was futile.

What did the court decide?

Criminal proceedings in SC No. 1254 of 2016 on the file of the Sessions Judge, Kozhikode are quashed as against the petitioner.

Mohamad Khais Vs State of Kerala — Civil Procedure and Limitation | 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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MONDAY, THE 9TH DAY OF APRIL 2018 / 19TH CHAITHRA, 1940

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Crl.MC.No. 2020 of 2018

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SC 1254/2016 OF 3RD ADDITIONAL DISTRICT AND SESSIONS COURT,KOZHIKODE

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CRIME NO. 221/2011 OF VALAYAM POLICE STATION , KOZHIKODE

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PETITIONER/3RD ACCUSED

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MOHAMAD KHAIS, S/O MOHAMAD HAJI, AGED 26, NIRMANAKANDIYIL HOUSE, PULIYAVU P.O.

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BY ADV.SRI.ZUBAIR PULIKKOOL

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RESPONDENT(S)/STATE AND INJURED PERSONS:

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1. STATE OF KERALA,

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THROUGH SUB - INSPECTOR OF POLICE, VALAYAM REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, 682031.

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2. LIJESH,

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S/O PURUSHU, AGED 32 YEARS, KANIYOTH HOUSE, CHEKKIYAD AMSOM, DESOM, VATAKARA TALUK, CHEKKIYAD P.O., KOZHIKODE, KERALA STATE, 673509.

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3. RAJESH,

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S/O RAJAN, AGED 30 YEARS, ODORA HOUSE, CHEKKIYAD AMSOM, DESOM, VATAKARA TALUK, CHEKKIYAD P.O., KOZHIKODE, KERALA STATE, PIN 673509.

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4. PRASANTH,

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S/O GANGADHARAN, AGED 31 YEARS, VENGOL HOUSE, CHEKKIYAD AMSOM, DESOM, VATAKARA TALUK, CHEKKIYAD P.O., KOZHIKODE, PIN 673509.

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5. SUBIN LAL, S/O VASU, AGED 29, KOODATHIL VEETU HOUSE, CHEKKIYAD AMSOM DESOM, VATAKARA TALUK, CHEKKIYAD P.O., KOZHIKODE, KERALA STATE, PIN 673509.

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R1 BY SENIOR PUBLIC PROSECUTOR SRI.C.S.HRITWIK R2 TO R5 BY ADV. SRI.P.V.JEEVESH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-04-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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PBS

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Crl.MC.No. 2020 of 2018 ()

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		APPENDIX
PETITIONE	R(S)'	ANNEXURES
ANNEXURE	A-1:	THE TRUE COPY OF THE CHARGE SHEET NO.221/2011 OF VALAYAM POLICE STAT	IN CRIME ION.
ANNEXURE	A-II:	THE TRUE COPY OF THE JUDGMENT OF ADDITIONAL DISTRICT AND SESSIONS KOZHIKODE.	THE 3RD COURT,
ANNEXURE	A-III	: ORIGINAL AFFIDAVIT SWORN-IN BY RESPONDENT.	THE 2ND
ANNEXURE	A-IV:	ORIGINAL AFFIDAVIT SWORN-IN BY RESPONDENT.	THE 3RD
ANNEXURE	A-V:	ORIGINAL AFFIDAVIT SWORN-IN BY THE RESPONDENT.	4TH
ANNEXURE	A-VI:	ORIGINAL AFFIDAVIT SWORN-IN BY RESPONDENT.	THE 5TH
RESPONDEN	T'S A	NNEXURE	NIL
			/TRUE COPY/
			PA TO JUDGE
PBS 10/04/201	8

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K. ABRAHAM MATHEW, J.

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-------------------------------------------------Crl.M.C. No. 2020 of 2018

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Dated this the 9^th day of April, 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.The petitioner was the third accused in SC No. 937 of

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2015 on the file of the Sessions Judge, Kozhikode, registered for the offences under Sections 143, 147, 148, 307, 324 & 447 r/w Section 149 of the Indian Penal Code. As he and some other accused were absconding, they could not be tried. The others were tried and acquitted by Annexure A-II judgment. Now, the petitioner has surrendered and his case is pending as SC No. 1254 of 2016. His prayer is to quash the proceedings as against him on the ground of acquittal of the co-accused.

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3.Heard the learned counsel for the petitioner and respondents 2 to 5 and the learned Public Prosecutor.

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4.I have perused Annexure A-II judgment by which the co-accused were acquitted and the affidavits filed by

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Crl.M.C. No. 2020 of 2018

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respondents 2 to 5, who have entered appearance through counsel. I am satisfied that the trial of the petitioner will not serve any purpose. So, the proceedings against him are liable to be quashed. It is made clear that the other absconding accused are not entitled to the benefit of this order.

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In the result, this Crl.M.C. is allowed. The proceedings in SC No. 1254 of 2016 on the file of the Sessions Judge, Kozhikode are quashed as against the petitioner.

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Sd/- K. ABRAHAM MATHEW JUDGE

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bka/09.04.2018

Mohamad Khais v. State of Kerala

Case brief

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Mohamad Khais v. State of Kerala

Case brief

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