Allowed

M.K. Moidu, v. State of Kerala

Kerala HC10 Jan 2019Crl.MC/49/2019

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a petition to quash criminal proceedings against the petitioner. Ruled that further trial serves no purpose following the acquittal of co-accused in a disposed case where the petitioner later surrendered.

What did the court decide?

The proceedings in C.P.No.53 of 2018 on the file of the Judicial First Class Magistrate Court-II, Kannur are quashed so far as the petitioner is concerned.

M.K. Moidu, 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. 49 of 2019

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AGAINST THE ORDER IN CP 53/2018 of J.M.F.C.-II, KANNUR

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CRIME NO. 139/1988 OF Kannur City Police Station, Kannur

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PETITIONER:

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M.K. MOIDU,AGED 50 YEARS

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S/O AMMED, MANIKKOTH CHERAPURAM, THEEKUNI, CHERAPURAM P.O., KOZHIKODE DISTRICT.

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BY ADVS.

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SRI.K.C.SANTHOSHKUMAR SMT.K.K.CHANDRALEKHA

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2 THE STATION HOUSE OFFICER, KANNUR CITY POLICE STATION, KANNUR DISTRICT-670001.

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SRI ALEX M THOMBRA-SR PP

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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. 49 of 2019 2

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ORDER

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Petition filed under Section 482 Cr.P.C.

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The petitioner was an accused in Crime No.139 of 1988 of Kannur Police Station. There were fifty

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accused. The petitioner was absconding. The application filed by the prosecutor for withdrawing from the prosecution was allowed by the Addl Asst. Sessions Judge, Thalassery in whose court the case was pending as S.C.No.58 of 1990. Accordingly, the

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accused who were appearing in the court were acquitted. The case against the petitioner was removed to the Register of Long Pending Cases.

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Later, he surrendered and his case is now pending as

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C.P.No.53 of 2018. His prayer is to quash the

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proceedings in the light of the acquittal of the coaccused.

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

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Crl.MC.No. 49 of 2019 3

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I have perused Annexure-C order by which the co-accused were acquitted. I am satisfied that the trial of the petitioner will not serve any purpose. So his prayer to quash the proceedings as against him has to be allowed.

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In the result, this Crl.M.C is allowed. The proceedings in C.P.No.53 of 2018 on the file of the Judicial First Class Magistrate Court-II, Kannur are

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quashed so far as the petitioner is concerned.

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K.ABRAHAM MATHEW JUDGE

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Crl.MC.No. 49 of 2019 4

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEXURE A THE COPY OF THE ORDER DATED 18.12.2018 IN C.M.P. NO.9540/2018 IN C.P. NO.53/2018 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT NO.II, KANNUR

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ANNEXURE B THE COPY OF THE PASSPORT BEARING NO.L6651498 ISSUED BY THE CONSULATE OFFICE, DOHA TO THE PETITIONER

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ANNEXURE C CERTIFIED COPY OF THE CERTIFIED COPY OF THE JUDGMENT DATED 27.3.1992 IN S.C.58/1990 ON THE FILE OF II ADDITIONAL ASSISTANT SESSIONS JUDGE, THALASSERY

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RESPONDENTS' EXHIBITS: NIL

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// TRUE COPY // PA TO JUDGE

M.K. Moidu, v. State of Kerala

Case brief

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M.K. Moidu, v. State of Kerala

Case brief

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