Allowed

Ameer Suhail v. State of Kerala

Kerala HC1 Jul 2019Crl.MC/3736/2019

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a petition to quash criminal proceedings against the petitioner. He was the third accused in a case involving riots and assault, where co-accused were earlier acquitted after a settlement and the victim became hostile. The court held the prosecution case was totally lost.

What did the court decide?

The prosecution against the petitioner in C.C 58/2019 is quashed under Section 482 CrPC; the petitioner is released, and any bail bond is discharged.

Ameer Suhail 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 P.UBAID

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MONDAY, THE 01ST DAY OF JULY 2019 / 10TH ASHADHA, 1941

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Crl.MC.No.3736 of 2019

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AGAINST THE JUDGMENT IN CC 58/2019 of JUDICIAL MAGISTRATE OF FIRST CLASS -II,HOSDRUG

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CRIME NO.812/2013 OF Hosdurg Police Station , Kasargod

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PETITIONER/ 3RD ACCUSED :

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AMEER SUHAIL AGED 25 YEARS S/O. HANEEFA, SUHAIL MANZIL, KUSHAL NAGAR, HOSDURG VILLAGE KASARAGOD DISTRICT.

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BY ADVS. SRI.RAHUL SASI SMT.NEETHU PREM

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RESPONDENTS/COMPLAINANT:

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

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SRI AJITH MURALI-PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.3736 of 2019

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ORDER

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The petitioner herein is the original 3^rd

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accused in C.C No.1040/2015 of the Judicial First Class Magistrate Court-II, Hosdurg involving the offence under Sections 143, 147, 148, 341, 323,

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and 324 read with Section 149 I.P.C. The accused Nos.1,2,4 and 5 faced trial before the learned Magistrate and obtained a judgment of acquittal on 20.1.2017 when the material witnesses including the victim of offence turned hostile to the prosecution in view of an amicable settlement made by the parties out of court. When examined in court, the victim stated that he is not in a position to identify any of the persons who assaulted him and that he had not given any statement to the Police against any of the accused. The case against the petitioner was split up and refiled as C.C 59/2017. After further procedure, it was re-opened and it is now pending as C.C 58/2019. The petitioner now seeks orders quashing the prosecution as against him on the ground that the very substratum of the

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Crl.MC.No.3736 of 2019

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prosecution case is totally lost by the acquittal of the others, and continuance of the prosecution against him will not serve any purpose. It is quite definite that the prosecution cannot in any manner improve the case and the witnesses also cannot in any manner help the prosecution, if the case against the petitioner goes to trial. In short, such proceeding will be a sheer waste of time.

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In the result, this petition is allowed. The prosecution against the petitioner in C.C 58/2019 of the Judicial First Class Magistrate CourtII,Hosdurg will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioner will stand released from prosecution, and the bail bond, if any, executed by him will stand discharged.

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Sd/-

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/True copy/ P.S to Judge

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P.UBAID JUDGE

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Crl.MC.No.3736 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 A TRUE COPY OF THE FINAL REPORT IN CRIME NO. 812 OF 2013 OF HOSDURG POLICE STATION.

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ANNEXURE A2 TRUE COPY OF THE JUDGMENT DATED 20.1.2017 IN C.C.NO. 1040 OF 2015 OF JFCM -II, HOSDURG.

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/True copy/ P.S to Judge

Ameer Suhail v. State of Kerala

Case brief

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Ameer Suhail v. State of Kerala

Case brief

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