Allowed

Musthafa Cheriyaalakandi, v. State of Kerala

Kerala HC16 Jan 2019Crl.MC/207/2019

Case brief

AI extract

What is this about?

The Kerala High Court allowed a criminal miscellaneous petition seeking quashing of proceedings against the petitioner (an accused in a riot case). Relying on the acquittal of co-accused in a related trial, the court held that no purpose would be served by prosecuting the petitioner and quashed the proceedings pending against him.

What did the court decide?

The proceedings against the petitioner in L.P. No.19 of 1996 were quashed.

Musthafa Cheriyaalakandi, Vs State of Kerala — Quashing and FIR | Kerala HC (2019)

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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 K.ABRAHAM MATHEW

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WEDNESDAY,THE 16TH DAY OF JANUARY 2019 / 26TH POUSHA, 1940

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Crl.MC.No. 207 of 2019

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AGAINST CC 283/1988 of J.M.F.C.,TALIPARAMBA

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CRIME NO. 39/1988 OF Sreekandapuram Police Station , Kannur

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PETITIONER/ACCUSED NO.1:

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MUSTHAFA CHERIYAALAKANDI, AGED 53 YEARS, S/O.IBRAHIM, KOUPATTIL PUTHIYA PURAYIL HOUSE, THERLAYI AMSOM AND DESOM, THALIPARAMBA TALUK, KANNUR DISTRICT.

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BY ADV. SRI.P.JAYABAL

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RESPONDENT/STATE:

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STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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SRI. ALEX M. THOMBRA, SR. PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.M.C. 207/19

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ORDER

Petitioner was the first accused in C.C. No.422 of 1990 on the file of the Judicial Magistrate of First Class-I, Kannur. The petitioner along with seven other accused allegedly committed the offences under Sections 143, 147, 148, 323 and 324 r/w Section 149 IPC. As the petitioner and some others were absconding, only accused Nos.4, 6 and 7 were tried. They were acquitted by Annexure B judgment. Later the petitioner surrendered and his case is now pending as L.P. No.19 of 1996. The proceedings are sought to be quashed in the light of the acquittal of the co-accused.

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2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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3. I have perused Annexure B judgment by which the coaccused were acquitted. I am satisfied that no purpose will be served by the trial of the petitioner.

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In the result, this Crl.M.C. is allowed. The proceedings in the case refiled from L.P. No.19 of 1996 on the file of the Judicial Magistrate of First Class-I, Kannur are quashed so far as the petitioner is concerned.

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Sd/-

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K.ABRAHAM MATHEW JUDGE

vps

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Crl.M.C. 207/19

APPENDIX

PETITIONER'S/S EXHIBITS:

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ANNEXURE A TRUE COPY OF THE FINAL REPORT FILED BY THE SREKANDAPURAM POLICE BEFORE THE LEARNED JMFC-I, KANNUR.

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ANNEXURE B TRUE COPY OF THE ORDER DATED 10/03/1990 IN C.C.NO.422/1990 OF THE LEARNED JFMCI, KANNUR.

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RESPONDENT'S/S' EXHIBITS:

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NIL

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/True Copy/

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vps PS to Judge

Musthafa Cheriyaalakandi, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Musthafa Cheriyaalakandi, v. State of Kerala

Case brief

What is this about?

What did the court decide?

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