The High Court of Kerala allowed a criminal miscellaneous petition filed under Section 482 CrPC, quashing proceedings against the petitioner (4th accused) in an arms act case following the acquittal of other accused in the same facts.
Proceedings against the petitioner in S.C.No.486/2021 are quashed.
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.V.KUNHIKRISHNAN
THURSDAY, THE 2ND DAY OF NOVEMBER 2023 / 11TH KARTHIKA, 1945
CRL.MC NO. 1360 OF 2021
CRIME NO.620/2009 OF Ambalappuzha Police Station, Alappuzha
PETITIONER/4TH ACCUSED/4TH ACCUSED:
ANEESHKUMR A.
AGED 37 YEARS
S/O ANIRUDHAN, PUTHAN PURAYIL HOUSE,
VAZHIYAMBALAM MURI, KARUVATTA, ALAPPUZHA-690517.
BY ADV M.RETHEESHKUMAR
RESPONDENT/COMPLAINANT/COMPLAINANT:
THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA P.O., ERNAKULAM-682031.
OTHER PRESENT:
SRI RENJITH TR, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 02.11.2023, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
CrlM.C..No.1360/2021
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P.V.KUNHIKRISHNAN, J.
Crl.M.C. No.1360 of 2021
---------------------------------------------Dated this the 02nd day of November, 2023
ORDER
This Criminal Miscellaneous Case is filed under Section 482 of the Code of Criminal Procedure, 1973 (“the Code” for the sake of brevity).
3
CrlM.C..No.1360/2021
against Accused Nos. 1 and 3. The petitioner is the 4th accused.
Therefore, this Criminal Miscellaneous Case is allowed. All further proceedings against the petitioner in S.C.No.486/2021 on the file of the Sessions Court, Alappuzha, arising from Crime No.620/2009 of Ambalappuzha Police Station, are quashed.
sd/-
P.V.KUNHIKRISHNAN JUDGE
JV
CrlM.C..No.1360/2021
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APPENDIX OF CRL.MC 1360/2021
PETITIONER ANNEXURES
ANNEXURE-A1THE CERTIFIED COPY OF THE CHARGE SHEET
IN THE CRIME NO. 620/2009 CRIME DATED
10.09.2009 FILED BEFORE THE JFCM
COURT,AMBALAPPUZHA.
ANNEXURE-A2THE TRUE COPY OF THE JUDGMENT IN CC
NO. 185/2013 DATED 30.09.2016 OF THE
CJM COURT, ALAPPUZHA.
ANNEXURE-A3THE TRUE COPY OF THE ORDER IN CRL MC
NO. 852/2018 DATED 21.02.2018 OF THIS
HON'BLE COURT.
ANNEXURE-A4ORDER DATED 13.12.2019 IN CRL MC.NO.
8157/2019 OF THIS HON'BLE COURT.
2 issues framed by the court
Whether proceedings against the petitioner, the 4th accused, are maintainable.
Whether the proceedings against the petitioner can be quashed in light of acquittal of other accused.
1 provisions across 1 enactments
ANEESHKUMR A.
THE STATE OF KERALA
P.V.Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court