Accused in a hurt case sought quashing after the co-accused was acquitted. The High Court held the acquittal findings went to the root of the prosecution case against the petitioner, making continuance an abuse of process, and quashed the pending proceedings.
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 BECHU KURIAN THOMAS
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
CRL.MC NO. 3143 OF 2021
CRIME NO.735/2011 OF HOSDURG POLICE STATION, KASARGOD
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.318 OF 2021 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I,HOSDRUG
PETITIONER/ACCUSED NO.3:
FAISAL.P.V, AGED 34 YEARS
S/O. MUHAMMEDKUNHI, PALLIVALAPPIL HOUSE,
T.B.ROAD, HOSDURG VILLAGE,
KASARAGOD-671 531.
BY ADV P.K.SUBHASH
RESPONDENT/STATE :
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.
ASHI M.C (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC 3143/2021
2
BECHU KURIAN THOMAS, J
......….............................................
Crl.M.C.No.3143 of 2021
…................................................
Dated this the 6th day of June, 2024
ORDER
Petitioner was the 3rd accused in C.C.No.1199/2011 on the files of the Judicial First Class Magistrate Court-I, Hosdurg. Since the first accused and the petitioner had absconded, the case against them was split up and re-numbered as C.C.No.1719/2018, while the trial against the second accused continued. By judgment dated 24.12.2018 in C.C.No.1199/2011 the second accused was acquitted.
Later the petitioner surrendered before the trial court and obtained bail, and the case is now pending as C.C.No.318/2021 on the files of the Judicial First Class Magistrate Court-I, Hosdurg. Petitioner seeks the benefit of the acquittal of the co-accused.
CRL.MC 3143/2021
3
and 324 r/w Section 34 of the Indian Penal Code, 1860.
learned Public Prosecutor.
CRL.MC 3143/2021
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before the Judicial First Class Magistrate Court-I, Hosdurg, is
hereby quashed.
The Crl.M.C.is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/07/06/2024
CRL.MC 3143/2021
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APPENDIX OF CRL.MC 3143/2021
PETITIONER ANNEXURES
ANNEXURE A I |
CERTIFIEDNO.735/201KASARAGOD |
COPY OF1 OF HOSDISTRICT. |
THE F.I.R. IN CRIMEDURG POLICE STATION, |
|---|---|---|---|
ANNEXURE A II |
CERTIFIEDCRIME NOSTATION, K |
COPY OF.735/2011ASARAGOD D |
THE FINAL REPORT INOF HOSDURG POLICEISTRICT. |
ANNEXURE A III |
CERTIFIED |
COPY OF |
THE JUDGMENT DATED |
24.12.2018 |
IN C.C |
.NO.1199/2011 BY THE |
|
JUDICIALHOSDURG. |
FIRST C |
LASS MAGISTRATE I, |
TRUE COPY
1 issue framed by the court
Whether proceedings against the petitioner should be quashed given the acquittal of the co-accused on identical evidence?
3 provisions across 1 enactments
FAISAL.P.V
STATE OF KERALA
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court