Allowed

Sooraj.P., v. State of Kerala

Kerala HC10 Jan 2019Crl.MC/229/2019

Case brief

AI extract

What is this about?

This criminal miscellaneous petition sought quashing of trial proceedings against the petitioner for offences related to unlawful assembly and voluntary injury. The High Court allowed the petition, quashing the proceedings based on the acquittal of co-accused.

What did the court decide?

The proceedings in C.C. 1447 of 2017 filed against the petitioner are quashed; the Magistrate is directed to pass appropriate orders for disposal of material objects produced in the case.

Sooraj.P., 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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THURSDAY, THE 10TH DAY OF JANUARY 2019 / 20TH POUSHA, 1940

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Crl.MC.No. 229 of 2019

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AGAINST CC 1447/2017 of J.M.F.C.-II, HOSDRUG CRIME NO. 19/2015 of Nileswar Police Station, Kasaragod

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PETITIONER:

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SOORAJ.P., AGED 24 YEARS, S/O. SUKUMARAN, PUTHIYAVALAPPIL HOUSE, CHEDI ROAD, PUTHUKKAI, HOSDURG TALUK, KASARAGOD DISTRICT.

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BY ADV. SRI.A.ARUNKUMAR

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031

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2 THE STATION HOUSE OFFICER NILESHWARAM POLICE STATION (CRIME NO. 19 OF 2015), NILESHWAR, HOSDURG TALUK-671 314

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SENIOR PUBLIC PROSECUTOR SRI ALEX M THOMBRA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 229 of 2019 2

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ORDER

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Petitioner was the fourth accused in C.C.No.

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489 of 2015 on the file of the Judicial

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Magistrate of First Class-II, Hosdurg. The accused allegedly committed the offences under Sections 143, 147, 148, 323, 324, 341 and 506 read with Section 149 IPC. As the petitioner

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was absconding only the others were tried. They were acquitted. Later the petitioner surrendered and his case is now pending as C.C.No.1447 of 2017. His prayer is to quash the proceedings in the light of the acquittal of the co-accused.

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petitioner and the learned Public Prosecutor.

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I have perused Annexure A3 Judgment by

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which the co-accused were acquitted. I am satisfied that no purpose will be served by the trial of the petitioner.

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Crl.MC.No. 229 of 2019 3

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In the result, this Crl.M.C. is allowed.

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The proceedings in C.C. 1447 of 2017 on the file of the Judicial Magistrate of First Class-II, Hosdurg are quashed. If any material objects have been produced in this case, the learned Magistrate may pass appropriate orders for their disposal.

Sd/-

K.ABRAHAM MATHEW

JUDGE

MC/11.01.19

Crl.MC.No. 229 of 2019 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE AI A TRUE COPY OF THE FINAL REPORT IN CRIME NO. 19 OF 2015 OF NILESHWARAM POLICE STATION, KASARAGOD. ANNEXURE AII A TRUE COPY OF THE FINAL REPORT IN CRIME NO. 19 OF 2015 OF NILESHWARAM POLICE STATION, KASARAGOD. ANNEXURE AIII A TRUE COPY OF THE JUDGMENT DATED 24.11.2017 IN C.C. NO. 489 OF 2015 OF JUDICIAL FIRST CLASS MAGISTRATE-II, HOSDURG.

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RESPONDENT'S/S EXHIBITS:

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NIL

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(TRUE COPY) PA TO JUDGE

Sooraj.P., v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sooraj.P., v. State of Kerala

Case brief

What is this about?

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