Disposed
Muhammad, v. State of Kerala
Kerala HCCrl.MC/2465/2020
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 P.SOMARAJAN
MONDAY, THE 12TH DAY OF OCTOBER 2020 / 20TH ASWINA, 1942
Crl.MC.No.2465 OF 2020(G)
AGAINST THE ORDER/JUDGMENT IN LP 36/2017 OF ADDITIONAL DISTRICT COURT KOZHIKODE-III
CRIME NO.221/2011 OF Valayam Police Station , Kozhikode
PETITIONER/ACCUSED:
MUHAMMAD,
AGED 28 YEARS
S/O.HAMZA, RESIDING AT CHEKKOTTA HOUSE, VALAYAM P.O., KALLACHI VADAKARA TALUK, KOZHIKODE DISTRICT, PIN - 673 527.
BY ADVS.
SRI.J.R.PREM NAVAZ SHRI.SUMEEN S.
RESPONDENT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.
BY ADV.SRI.E.C.BINEESH,PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.2465 OF 2020(G)
2
ORDER
Out of eleven accused eight were tried for
the offences punishable under Section 143, 147,
148, 324, 447, 307 r/w 149 IPC and they were
acquitted. Annexure A1 is the final report. Petitioner also faced the trial. At the time of
examination under Section 313 Cr.P.C, he absconded, which has resulted in coercive steps against him. Ultimately the case was included in
the long pending list and non bailable warrant was issued. It is at that stage he came up under Section 482 Cr.P.C to quash the entire proceedings on the ground that some of the other accused were acquitted and as against the accused No.3 the offence was compounded and permission was granted by this Court. In order to exhaust the inherent power under Section 482 Cr.P.C, the acquittal of co-accused or compounding of offence as against another accused may not be sufficient. There will be a direction to the petitioner to
Crl.MC.No.2465 OF 2020(G)
appear before the trial court within three weeks from today and on his appearance, his bail application if any moved shall be considered on the same day itself and the trial shall be completed by examining him under Section 313 Cr.P.C.
With that direction Crl.M.C is disposed of.
Sd/-
P.SOMARAJAN
JUDGE
SPV
Crl.MC.No.2465 OF 2020(G)
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE CERTIFIED COPY OF THE FINAL REPORT/CHARGE SHEET IN CRIME NO.221 OF 2011 OF VALAYAM POLICE STATION KOZHIKODE DISTRICT.
ANNEXURE A2 THE CERTIFIED COPY OF THE JUDGMENT DATED 13/09/2017 IN S.C.NO.937 OF 2015 PASSED BY THE IIIRD ADDITIONAL SESSIONS JUDGE, KOZHIKODE.
ANNEXURE A3 THE TRUE COPY OF THE ORDER DATED 09/04/2018 IN CRL.M.C.NO.2020 OF 2018 PASSED BY THIS HON'BLE COURT.
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
MUHAMMAD
STATE OF KERALA
P.SOMARAJAN
As recorded by the court registry
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