The High Court of Kerala allowed a Criminal Miscellaneous petition seeking quashing of criminal proceedings against the petitioner (an accused) in light of his co-accused's acquittal in the same facts.
Proceedings in C.C.No. 2137 of 2018 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
TUESDAY ,THE 25TH DAY OF SEPTEMBER 2018 / 3RD ASWINA, 1940
Crl.MC.No. 5926 of 2018
IN LPC 75/2007 of JUDICIAL MAGISTRATE OF FIRST CLASS, ADOOR CRIME NO. 57/2001 OF Pandalam Police Station , Pathanamthitta
PETITIONER/ACCUSED :-
ROOPESH.S AGED 40 YEARS S/O.SUDEVAN, POIKA VILA,KAITHACODE P.O., PAVITHRESWARAM, KOTTARAKKARA TALUK, KOLLAM DISTRICT.
BY ADV. V. PREMCHAND
RESPONDENT/COMPLAINANT :-
THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
SRI.C.S.HRITHWIK SR PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.09.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O R D E R
Petitioner was the first accused in C.C.No.
388 of 2001 on the file of the Judicial Magistrate of First Class, Adoor. He and the co-accused allegedly committed the offences under sections 323, 324 and 341 IPC. As the petitioner was absconding only the other
Crl.MC.No. 5926 of 2018
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two were tried. By Annexure-II judgment they were acquitted. Later the petitioner surrendered and his case is now pending as C.C.No. 2137 of 2018. He prays that the proceedings against him may be quashed in the
light of the acquittal of the co-accused.
2. Heard the learned counsel for the
petitioner and learned Public Prosecutor.
3. I have gone through Annexure-II judgment
by which the co-accused were acquitted. I am satisfied that the trial of the petitioner will not serve any purpose.
Accordingly, this Crl.M.C is allowed and the proceedings in C.C.No. 2137 of 2018 on the file of the Judicial Magistrate of First Class, Adoor are quashed.
If any material objects have been produced in this case, the trial court may pass appropriate orders for their disposal.
K.ABRAHAM MATHEW, SMA JUDGE
Crl.MC.No. 5926 of 2018
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE I TRUE COPY OF THE FINAL REPORT DATED 20/01/2001.
ANNEXURE II TRUE COPY OF THE JUDGMENT DATED 27/07/2005 IN CC 388/2001 OF JFCM, ADOOR.
ANNEXURE III TRUE COPY OF THE ORDER DATED 19/02/2018 IN CRL.M.C.NO.785/2018 OF THIS HON'BLE COURT.
RESPONDENT(S)' ANNEXURES :- NIL
SMA
Rupesh S
The State of Kerala
K.Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
