HC allowed CPL filing under Section 482 CrPC to quash proceedings in C.P. No.132/2017 against two accused who were previously acquitted in a separate trial after surrendering and being released on bail, finding the prayer served no purpose.
Proceedings in C.P. No.132 of 2017 before the Judicial First Class Magistrate Court-II, Hosdurg 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 K.ABRAHAM MATHEW
FRIDAY, THE 8TH DAY OF JUNE 2018 / 18TH JYAISHTA, 1940
Crl.MC.No. 791 of 2018
----------------------CP 132/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, HOSDURG CRIME NO. 91/2009 OF BEKAL POLICE STATION, KASARAGOD --------------
PETITIONER(S)/2NA AND 4TH ACCUSED
BY ADVS.SRI.RAHUL SASI SMT.NEETHU PREM
RESPONDENT(S)/COMPLAINANTS:
1. A.ABDUL RAHIMAN, S/O.ABBASHAJI,36 YEARS,
2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR,
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.V.
Crl.MC.No. 791 of 2018 ()
APPENDIX
PETITIONER(S)' ANNEXURES
ANNEXURE A1 A TRUE COPY OF THE CHARGESHEET IN CRIME NO.91 OF 2009 OF BEKAL POLICE STATION.
ANNEXURE A2 A CERTIFIED COPY OF THE JUDGMENT IN S.C NO.678 OF 2010 BY THE ADDL. SESSIONS JUDGE(AD HOC-11),KASARAGOD DATED 5.7.2012 RESPONDENTS ANNEXURES: NIL
/TRUE COPY/ K.V. P.S.TO JUDGE 11.06.2018
K.ABRAHAM MATHEW J.
Crl.M.C. NO.791 of 2018
Dated this the 8th day of June, 2018
ORDER
Petition filed under Section 482 Cr.P.C.
Crl.M.C. NO.791 of 2018 2
be quashed.
In the result, this Crl.M.C is allowed. The proceedings in C.P.No.132 of 2017 on the file of the JFCM Court-II, Hosdurg are quashed.
Sd/-
K.ABRAHAM MATHEW JUDGE
pm
1 issue framed by the court
Whether the proceedings against the petitioners can be quashed on the ground of acquittal of co-accused.
2 provisions across 2 enactments
SALIM
AFSAL @ MOHAMMED AFSAL
A.ABDUL RAHIMAN
STATE OF KERALA
K.ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
