Shaji v. State of Kerala
Case brief
What is this about?
High Court of Kerala quashed the criminal proceedings against the second accused in a case alleging promoting enmity and affray, noting that co-accused were acquitted and no overt act was alleged against the applicant.
What did the court decide?
The entire proceedings in C.C. No. 349 of 2017 as regards the petitioner, the 2nd accused, are quashed and he is exonerated.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
FRIDAY, THE 4TH DAY OF FEBRUARY 2022 / 15TH MAGHA, 1943
CRL.MC NO. 412 OF 2022
AGAINST THE ORDER/JUDGMENT IN CC 349/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS
,VARKALA
PETITIONER/2ND ACCUSED:
SHAJI AGED 49 YEARS S/O GOPALAKRISHNAN, SHAJI MANDIRAM, PAIVELKONAM, VETTIYARA P.O.NAVAIKULAM, THIRUVANANTHAPURAM DISTRICT BY ADV P.ANOOP (MULAVANA)
RESPONDENT/STATE:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682 031
Issues for consideration
2 issues framed by the court
Whether proceedings against the second accused should be quashed due to the acquittal of co-accused and lack of specific overt act alleged.
If the applicant had only traveled in the vehicle without committing overt acts, whether it attracts the offence of promoting enmity between groups.
Parties & counsel
- applicant
Shaji
- respondent
State of Kerala
Coram
K. Haripal
Case details
As recorded by the court registry
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