The High Court of Kerala quashed pending trial proceedings against the petitioner for want of sufficient evidence. The court held that trial would serve no purpose other than wastage of time given hostile witnesses and acquittal of co-accused.
All further proceedings in L.P.No.50/2017 against the petitioner were 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 B.KEMAL PASHA
FRIDAY, THE 16TH DAY OF FEBRUARY 2018 / 27TH MAGHA, 1939
Crl.MC.No. 609 of 2018
CC 393/2003 OF JUDICIAL FIRST CLASS MAGISTRATE COURT , KARUNAGAPPALLY
CRIME NO. 704/2001 OF KARUNAAGAPALLY POLICE STATION , KOLLAM
PETITIONER/ACCUSED
NOUSHAD., 40 YEARS, S/O. KOYAKUNJU LABBA KAKKONTAYYATHU, KADATHOOR, THAZHAVA P.O, KARUNAGAPPALLY, KOLLAM
BY ADV.SRI.NAVIA SEBASTIAN
RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE KARUNAGAPALLY POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI. ALEX M THOMBRA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sdr/-
Crl.MC.No. 609 of 2018
PETITIONER(S)' ANNEXURES
ANNEXURE A1 THE COPY OF THE FINAL REPORT BY SUBMITTED BY KARUNAGAPALLY POLICE STATION DT. 21-4-2003
ANNEXURE A-2 THE COPY OF THE JUDGMENT IN C.C NO. 393/2003 OF J.F.M.C, KARUNAGAPALLY DT. 31-3-2007.
RESPONDENTS ANNEXURES NIL
/TRUE COPY/
sdr/- PA TO JUDGE
B. KEMAL PASHA, J.
Crl.M.C.No.609 of 2018
Dated this the 16th day of February, 2018
O R D E R
The petitioner was originally the 8th accused in C.C.No.393/2003 of the Judicial First Class Magistrate's Court, Karunagappally, based on Annexure-A1 final report in Crime No.704/2001 of the Karunagappally Police Station, for the offences punishable under Sections 143, 147, 323 and 427 read with 149 IPC. All the other accused, who faced trial in C.C.No.393/2003 were acquitted by the court below for want of evidence. The witnesses had turned hostile to the prosecution and did not support the prosecution case.
pending as L.P.No.50/2017 before the Judicial First Class Magistrate's Court, Karunagappally. Even if the trial against the petitioner is proceeded with, no fruitful purpose would be served, other than sheer wastage of time. Matters being so, all further proceedings in L.P.No.50/2017 of the Judicial First
Crl.M.C.No.609 of 2018 : 2 :
Class Magistrate's Court, Karunagappally are liable to be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings as against the petitioner in L.P.No.50/2017 of the Judicial First Class Magistrate's Court, Karunagappally are hereby quashed.
Sd/-
B.KEMAL PASHA, JUDGE
sd
1 issue framed by the court
Whether the trial proceedings against the petitioner ought to be quashed due to lack of evidentiary support and purposes being served.
Noushad.
State of Kerala
B. Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
