Allowed

Najeeb v. State of Kerala

Kerala HC25 Feb 2020Crl.MC/1075/2020

Case brief

AI extract

What is this about?

In a criminal miscellaneous application, the Kerala High Court quashed the trial proceedings against an absconding petitioner. The court held that since co-accused in the split trial were acquitted due to hostile prosecution witnesses, proceeding against the petitioner would be futile, resulting in his discharge.

What did the court decide?

Crl.M.C. allowed; proceedings against petitioner in S.C. No.910/2014 quashed under Section 482 Cr.P.C.; accused discharged.

Najeeb Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2020)

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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 ASHOK MENON

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TUESDAY, THE 25TH DAY OF FEBRUARY 2020 / 6TH PHALGUNA, 1941

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Crl.MC.No.1075 OF 2020(D)

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AGAINST THE ORDER/JUDGMENT IN SC 910/2014 OF ASSISTANT SESSIONS COURT, NEDUMANDGAD

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CRIME NO.272/2005 OF Pangode Police Station , Thiruvananthapuram

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PETITIONER/S:

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NAJEEB

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AGED 43 YEARS S/O. NIZAMUDEEN, NAJEEM MANZIL, PANTHUVILA, THALAVARAMUBU, MATHIRA MURIYIL, MANGODE VILLAGE, THIRUVANANTHAPURAM DISTRICT

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BY ADV. SRI.P.ANOOP (MULAVANA)

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RESPONDENT/S:

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

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OTHER PRESENT:

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SRI HRITHWIK C.S(SR) -P P

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.1075 OF 2020(D) 2

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O R D E R

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Dated this the 25th day of February 2020

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The petitioner was the 2^nd accused in Crime No.272/2005 of Pangode Police Station, which was originally taken on file of the Assistant Sessions Court, Nedumangad as SC No.564/2010. The petitioner was absconding and the case against him was split up and refiled as SC No.910/2014 on the same court.

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The parent case proceeded against the remaining accused who were tried for offences punishable under Section 143, 147, 148, 324 and 308 r/w Section 149 of IPC and found not guilty vide judgment at Annexure A2. The judgment states that all the witnesses including the de facto complainant turned hostile to the prosecution and therefore the accused were found not guilty and acquitted under Section 235(1) of Cr.P.C. The substratum of the prosecution case has been lost and no purpose will be served by proceeding with the trial as against the petitioner. It would

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Crl.MC.No.1075 OF 2020(D) 3

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only amount to exercising futility and wastage of judicial time. In the result, the Crl.M.C is allowed and the entire proceedings as against the petitioner in S.C. No.910/2014 on the files of the Assistant Sessions Court, Nedumangad stands quashed under Section 482 of Cr.P.C. and the accused is discharged.

Sd/-

ASHOK MENON

JUDGE

rmm

Crl.MC.No.1075 OF 2020(D) 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 TRUE COPY OF THE FINAL REPORT IN CRIME NO.272/2005 OF THE PANGODE POLICE STATION, THIRUVANANTHAPURAM DISTRICT ANNEXURE A2 TRUE COPY OF THE JUDGMENT DATED 28.10.2019 OF THE ASSISTANT SESSIONS COURT, NEDUMANGAD IN SC NO.564/2010 SC NO.564/2010

Najeeb v. State of Kerala

Case brief

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What did the court decide?

Najeeb v. State of Kerala

Case brief

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What did the court decide?

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