Suo Motu v. State of Kerala
Case brief
What is this about?
The High Court on its own motion set aside the Additional Sessions Court's acquittal under Section 321(b) Cr.P.C. as perverse and illegal, directing the case to be taken back on file for fresh trial due to inadequate reasoning in the withdrawal order.
What did the court decide?
The order of acquittal dated 25.07.2014 in S.C.No.28 of 2012 is set aside, and the case is remanded for fresh trial.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
WEDNESDAY,THE 3RD DAY OF NOVEMBER 2021/12TH KARTHIKA,1943
CRL.R.C NO. 9 OF 2019
AGAINST THE ORDER DATED 25.07.2014 IN S.C.NO.28 OF 2012
OF ADDITIONAL DISTRICT COURT & SESSIONS COURT-I,
KASARAGOD/I-ADDITIONAL MACT, KASARAGODE
(CRIME NO.358/2010 OF Bekal Police Station, Kasargod)
COURT ON ITS OWN MOTION
SUO MOTU
PROCEEDINGS INITIATED ON THE BASIS OF ORDER DATED 20.06.2019 IN CRL.MC NO.419 OF 2019 OF THE HIGH COURT OF KERALA. BY ADV SUO MOTU
Issues for consideration
2 issues framed by the court
Whether the order acquitting the accused under Section 321(b) Cr.P.C. is valid given the lack of reasoning regarding the objective of justice.
Whether the High Court's earlier observation that the acquittal order was perverse and illegal is upheld.
Parties & counsel
- respondent
STATE OF KERALA REPRESENTED BY THE ADDL. SUB INSPECTOR OF POLICE, BEKAL
- respondent
MUHAMMEDKUNHI @ SHENOY MUHAMMEDKUNHI @ HEENA MUHAMMED KUNHI
- respondent
IQBAL @ IKKU @ PAKKI IQBAL
- respondent
MUHAMMED NAVAS
- respondent
ABDUL KHADER K.K. @ BATLAM UMBU
Case details
As recorded by the court registry
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