Quashed
Thaha v. State of Kerala
Kerala HCCrl.MC/1135/2020
Case brief
from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
What the court decided
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY, THE 13TH DAY OF MARCH 2020 / 23RD PHALGUNA, 1941
Crl.MC.No.1135 OF 2020(B)
CRIME NO.1120/2011 OF HOSDURG POLICE STATION, KASARGOD U/S 143, 147, 148, 326, 307 AND 153(A) R/W S. 149 IPC PENDING ON THE ADDITIONAL SESSIONS COURT-III, KASARAGOD AS SC.NO.410/2015
PETITIONER/ACCUSED NO.2:
THAHA, AGED 38 YEARS, S/O KUNHABDULLA HAJI, BITHALMULA, ATHINHAL, AJANUR GRAMAM, KASARAGOD DISTRICT.
BY ADV. SMT.SHIBA M.SAMUEL
RESPONDENTS/DEFACTO COMPLAINANT:
1 STATE OF KERALA REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2 STATION HOUSE OFFICER, HOSDURG POLICE STATION, KASARAGOD DISTRICT- 671 315.
OTHER PRESENT:
SMT.M.N.MAYA - PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.1135 OF 2020(B)
2
ORDER
Dated this the 13th day of March, 2020
The petitioner is the 2nd accused in Crime
No.1120/2011 of Hosdurg Police Station, kasaragod, for having
allegedly committed offences punishable under Sections 143,
147, 148, 326, 307 and 153(A) read with Section 149 of the IPC.
There were seven accused, two of whom were juvenile and the
parent case was taken on file as S.C.No.410/2015 on the files of
the Additional Sessions Court-III, Kasaragod. The petitioner, A1
and A4 were absconding and hence, the case against them was
split up and refiled. Trial proceeded against A3 and A5 and vide
judgment at Annexure-A2, they were found not guilty and
acquitted. Thereafter, A4 approached this court by flngi
Crl.M.C.No.5782/2019 in vide order at Annexure-A3. This court
quashed the proceedings as against the A2, in view of the fact
that the substratum of the prosecution case has been lost. The
petitioner has now approach this court for quashing the
proceedings as against him. The petitioner stands on similar
putting as accused A3, A4 and A5.
Crl.MC.No.1135 OF 2020(B)
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Hence, the Crl.M.C. has to be allowed and the entire
proceedings as against him in S.C.No.92/2019 from Crime
No.1120/2011 of Hosdurg Police Station, Kasaragod, pending
before the Additional Sessions Court-III, Kasaragod, stands
quashed under Section 482 Cr.P.C and the accused is
discharged.
Sd/ASHOK MENON JUDGE
NR/13/03/20
Crl.MC.No.1135 OF 2020(B)
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APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE A1 A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO 1120 OF 2011 OF HOSDURG POLICE STATION ANNEXURE A2 CERTIFIED COPY OF THE JUDGMENT DATED 12.2.2019 IN SC NO 410 OF 2015 OF THE ADDITIONAL SESSIONS COURT-111, KASARAGOD. ANNEXURE A3 TRUE COPY OF JUDGMENT DATED 23.9.2019 PASSED BY THIS HONOURABLE COURT IN CRL.M.C 5782/2019
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY// PA TO JUDGE
Thaha
State of Kerala Rep by Public Prosecutor
Ashok Menon
As recorded by the court registry
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