The High Court of Kerala dismissed a criminal miscellaneous case filed to quash charges against the petitioner (32nd accused) after receiving a report stating that all accused had been acquitted in the trial court.
Criminal Miscellaneous Case closed as all accused were acquitted in the trial court.
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
FRIDAY, THE 1ST DAY OF DECEMBER 2023 / 10TH AGRAHAYANA, 1945
CRL.MC NO. 1838 OF 2016
CRIME NO.715/2014 OF CHOTTANIKKARA POLICE STATION, Ernakulam AGAINST THE ORDER/JUDGMENT CC 803/2014 OF JUDICIAL FIRST CLASS
MAGIST. COURT, CHOTTANIKKARA(TEMPORARY)
PETITIONER/32ND ACCUSED:
MANOJ
S/O SIVAJANAM PILLAI,RESIDING AT APARNA HOUSE, KESAVAN PADY, THIRUVAMKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT.
BY ADVS. A.BALAGOPALAN M.S.IMTHIYAZ AHAMMED A.RAJAGOPALAN P.SEENA
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
BY ADV.
SRI. RENJITH T.R., PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.12.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.M.C.No.1838 of 2016
P.V.KUNHIKRISHNAN, J.
------------------------------
Crl.M.C.No.1838 of 2016
Dated this the 01st day of December, 2023
ORDER
This Criminal Miscellaneous Case is filed with the following prayers:
“A) To quash the charges against the petitioner, who is the 32nd accused in Annexure A (C.C.803/2014 on the file of the Judicial 1st Class Magistrate Court, Chottanikkara) and all further proceedings thereto.
B) Pass such other order or directions as this honourable court deems fit and proper.”
report from the trial court about the present stage of the case. The learned Magistrate submitted a report in which it is stated that the Assistant Public Prosecutor submitted
a withdrawal petition and the same is allowed and all the
Crl.M.C.No.1838 of 2016
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accused were acquitted. If that be the case, nothing
survives in this case.
Recording the above report, this Criminal
Miscellaneous Case is closed.
Sd/-
P.V.KUNHIKRISHNAN JUDGE
DM
Crl.M.C.No.1838 of 2016
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APPENDIX OF CRL.MC 1838/2016
PETITIONER ANNEXURES
ANNEXURE A: TRUE COPY OF THE FINAL REPORT IN CRIME NO.715/2014 OF THE CHOTTANIKKARA POLICE STATION. (C.C. 803/2014 OF THE JUDICIAL 1ST CLASS MAGISTRATE COURT, CHOTTANIKKARA)
ANNEXURE B: TRUE COPY OF THE RELEVANT PAGES OF THE PETIITONER'S PASSPORT ATTESTED FROM THE INDIAN EMBASSY, MUSCAT ON 12.03.2015.
ANNEXURE D: TRUE COPY OF THE COMMON ORDER DATED 08.01.2016 PASSED BY THE JUDICIAL 1ST CLASS MAISTRATE COURT, CHOTTANIKKARA IN THE PETITIONS FILED BY THE ACCUSED IN ANNEXURE A REPORT INCLUDING IN THE ANNEXURE B PETITION FILED BY THE PETITIONER.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
1 issue framed by the court
Whether the criminal miscellaneous case seeking quashing of charges against the petitioner requires adjudication when all accused were acquitted.
MANOJ
STATE OF KERALA
P.V.KUNHIKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
