Allowed

Muhammed P.C v. State of Kerala

Kerala HC7 Feb 2018Crl.MC/359/2018

Case brief

AI extract

What is this about?

High Court of Kerala allowed a petition to quash criminal proceedings against the petitioner. The court held that with other co-accused acquitted due to lack of evidence and hostile witnesses, continuing the trial against the petitioner would serve no purpose.

What did the court decide?

All further proceedings as against the petitioner in CC 43/2017 of the Judicial First Class Magistrate's Court, Nadapuram, are quashed.

Muhammed P.C Vs State of Kerala — Quashing and FIR | 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 7TH DAY OF FEBRUARY 2018 / 18TH MAGHA, 1939

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Crl.MC.No. 359 of 2018

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---------------------CC 43/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NADAPURAM CRIME NO. 249/2014 OF KUTTIYADI POLICE STATION , KOZHIKODE ----------

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PETITIONER/7TH ACCUSED

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MUHAMMED P.C, S/O.SOOPY, AGED 25 YEARS, POOVOOTTUM CHALIL HOUSE, NITTOOR (P.O), KAKKATTIL, KOZHIKODE-673507.

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BY ADV.SRI.SHARAN SHAHIER

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RESPONDENT(S)/STATE & DEFACTO COMPLAINANT:

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

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2. NABEEL, S/O.BASHEER, AGED 24 YEARS, VALIYA PARAMBATH HOUSE, NITTUR P.O., KAKKATIL VAZHI, KOZHIKODE-673507.

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R1 BY PUBLIC PROSECUTOR SRI ALEX M THOMBRA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.V.

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Crl.MC.No. 359 of 2018 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE 1 A TRUE FAIR COPY OF THE FINAL REPORT IN CRIME NO.249/2014 OF KUTTIYADI POLICE STATION, KOZHIKODE. ANNEXURE 2 A TRUE COPY OF THE JUDGMENT IN CRL.MC 7420 OF 2016 DATED 25.11.2016 QUASHING ALL PROCEEDINGS IN CRIME NO.271 OF 2014. ANNEXURE 3 COPY OF THE JUDGMENT IN CC 937 OF 2017 IN CRIME NO.249/2014 OF KUTTIYADI POLICE STATION, KOZHIKODE.

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RESPONDENTS ANNEXURES: NIL

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/TRUE COPY/

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K.V. P.S.TO JUDGE

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B. KEMAL PASHA, J.

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Crl.M.C. No.359 of 2018

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Dated this the 7^th day of February, 2018

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O R D E R

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~ ~ ~ ~ ~ ~

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Petitioner was originally the 7^th accused in

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CC.937/2014 of the Judicial First Class Magistrate's Court, Nadapuram, based on Annexure-1 final report in Crime No.249/2014 of Kuttiady Police Station, for the offences under Sections 143, 147, 148, 451 and 427 read with Section 149 IPC.

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All the other accused, except the petitioner, faced trial in CC.937/2014 of the court below and they were acquitted through Annexure-3 judgment. On a perusal of Annexure-3 judgment, it has come out that there was no evidence at all in the matter. The witnesses had turned hostile to the prosecution. Moreover, CWs 1 to 3, even after repeated compelling process and execution of Section 82 Cr.P.C. steps, did not care to appear before the court below.

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Crl.M.C.359/2018

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: 2 :

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Presently, the case against the petitioner is pending as CC.43/2017 of the court below. Even if the proceedings against the petitioner is proceeded with, no purpose would be served. Matters being so, all further proceedings as against the petitioner in CC.43/2017 of the Judicial First Class Magistrate's Court, Nadapuram, based on Annexure-1 final report in Crime No.249/2014 of Kuttiadi Police Station, can be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings as against the petitioner in CC.43/2017 of the Judicial First Class Magistrate's Court, Nadapuram, based on Annexure-1 final report in Crime No.249/2014 of Kuttiadi Police Station, are quashed.

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Sd/-

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B.KEMAL PASHA, JUDGE

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aks/07/02

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// True Copy //

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PS to Judge

Muhammed P.C v. State of Kerala

Case brief

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Muhammed P.C v. State of Kerala

Case brief

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