Allowed

Prajith v. State of Kerala

Kerala HC24 Jan 2018Crl.MC/281/2018

Case brief

AI extract

What is this about?

The High Court of Kerala quashed pending criminal proceedings against the petitioner in CC No.187/2014 arising from a crime where other co-accused were acquitted due to unidentified accomplices and hostile witnesses, deeming no fruitful purpose for continued trial.

What did the court decide?

All further proceedings against the petitioner in CC No.187/2014 arising from Crime No.279/1991 are quashed.

Prajith 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 B.KEMAL PASHA

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WEDNESDAY, THE 24TH DAY OF JANUARY 2018 / 4TH MAGHA, 1939

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Crl.MC.No. 281 of 2018

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---------------------

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CC 390/1992 of JUDICIAL FIRST CLASS MAGISTRATE COURT, VADAKKANCHERRY CRIME NO. 279/1991 OF VADAKKANCHERY POLICE STATION,

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TRISSUR DISTRICT

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-----------

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PETITIONER/ACCUSED :

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------------------

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PRAJITH, AGED 48 YEARS, S/O GOPALAKRISHNAN, KALLUVETTIL HOUSE, KUMARANELLUR VILLAGE, WADAKKANCHERY, THRISSUR DISTRICT.

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BY ADV.SRI.RAJIT

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RESPONDENT/STATE & COMPLAINANT.:

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------------------------------

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI. ALEX M. THOMBRA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24-01-2018,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 281 of 2018 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES :

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ANNEXURE A TRUE COPY OF THE FINAL REPORT FILED BY THE WADAKKANCHERY POLICE IN CRIME NO.271/91.

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ANNEXURE B TRUE COPY OF THE JUDGEMENT DATED 30.11.1994 IN CC NO.390/1992.

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RESPONDENT'S ANNEXURES : NIL.

//TRUE COPY//

P.A. TO JUDGE

B. KEMAL PASHA, J.

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Crl.M.C. No.281 of 2018

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Dated this the 24^th day of January, 2018

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O R D E R

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~ ~ ~ ~ ~ ~

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Petitioner was originally the 2^nd accused in CC.390/1992 of the Judicial First Class Magistrate's Court, Wadakkanchery, for the offences under Sections 143, 147, 148, 427, 448 and 353 read with Section 149 IPC and Section 3(2)(b) of the PDPP Act. All the other accused in the case, who are A1 and A3 to A16, faced trial before the court below and they were acquitted through Annexure-B judgment. On a perusal of Annexure-B judgment, it seems that any of the accused were not identified and the witnesses had turned hostile to the prosecution. Presently, the case against the petitioner is pending as CC.187/2014 before the Judicial First Class Magistrate's Court, Wadakkanchery. Even if the trial against the petitioner is proceeded with, no fruitful purpose would be served.

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Crl.M.C.281/2018

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: 2 :

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Matters being so, all further proceedings against the petitioner in CC No.187/2014 of the Judicial First Class Magistrate's Court, Wadakkanchery, which has arisen from Crime No.279/1991 of Wadakkanchery Police Station, can be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings against the petitioner in CC No.187/2014 of the Judicial First Class Magistrate's Court, Wadakkanchery, which has arisen from Crime No.279/1991 of Wadakkanchery Police Station, are quashed.

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Sd/- (B.KEMAL PASHA, JUDGE)

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aks/24/01

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// True Copy //

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PS to Judge

Prajith v. State of Kerala

Case brief

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Prajith v. State of Kerala

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