The Court held that the appellant could not avail the benefit of the acquittal passed in a split case where trial witnesses were not examined. The criminal miscellaneous case was dismissed.
The criminal miscellaneous case was dismissed.
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
MONDAY, THE 19TH DAY OF FEBRUARY 2018 / 30TH MAGHA, 1939
Crl.MC.No. 785 of 2018
C.C.NO. 667/2005 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ADOOR
L.P.NO. 75/2007 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ADOOR
PETITIONER(S)/ACCUSED :
ROOPESH S., POIKA VILA, KAITHACODE P.O, PAVITHRESWARAM, KOTTARAKARA TALUK, KOLLAM DISTRICT.
BY ADV.SRI.V.PREMCHAND
RESPONDENT(S)/COMPLAINANT:
1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. THE SUB INSPECTOR OF POLICE PANDALAM POLICE STATION, KOLLAM DISTRICT.
BY PUBLIC PROSECUTOR SRI.ALEX M.THOMBRA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
Crl.MC.No. 785 of 2018
APPENDIX
PETITIONER(S)' ANNEXURES :
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.
RESPONDENT(S)' ANNEXURES :
NIL
//TRUE COPY//
P.S.TO JUDGE
Msd.
B.KEMAL PASHA, J.
Crl.M.C.No.785 of 2018
Dated this the 19th day of February, 2018
ORDER
Petitioner is the 1st accused in Annexure-I final report in Crime No.57 of 2001 of the Pandalam Police Station, for the offences under Sections 341, 323 and 324 read with Section 34 of the IPC. Accused Nos.2 and 3 only in the case were available for trial in C.C.No.388 of 2001 of the Judicial First Class Magistrate's Court, Adoor. It is true that through Annexure-II judgment they were acquitted.
Matters being so, this Crl.M.C. is dismissed.
Sd/-
B.KEMAL PASHA, JUDGE
skj
True copy
P.A. to Judge
1 issue framed by the court
Whether an appellant can benefit from an acquittal of co-accused when the case was split due to the appellant being an absconder and no trial witnesses were examined.
1 provisions across 1 enactments
ROOPESH S.
THE STATE OF KERALA
B.KEWAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
