SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2017 Supreme(Ker) 732

A.M.BABU
Sandhya D/o. Sivan, Chervayoor Amsom, Vrindavan Colony, Kozhikode – Appellant
Versus
State of Kerala Represented By The Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner:Sri. K.M. Sathyanatha Menon, Advocate.
For the Respondent: Maya M.N, Public Prosecutor.

ORDER :

A.M. Babu, J.

A criminal prosecution is sought to be quashed. The relief is sought under Section 482 of Cr.P.C.

2. Petitioners 1 and 2 were accused 2 and 3 respectively in C.C.1016/2005. That was a case on the file of the court of the Judicial Magistrate of the First Class, Malappuram. The accused persons were charged under the provisions of the Immoral Traffic (Prevention) Act, 1956 (for short 'the Act'). The first accused died. The petitioners absconded just before they were to be examined under Section 313 of Cr.P.C. The fourth accused was acquitted. The case against the petitioners was refiled as C.C.1230/2010. All further proceedings therein are sought to be quashed.

3. Heard the learned counsel for the petitioners. Heard the learned public prosecutor.

4. Altogether there were four accused persons. One died. Others were tried. The petitioners absconded pending trial. The fourth accused stood trial till the end. He was acquitted. Acquittal of a co-accused by itself is not a ground to quash the proceedings against any other accused.

5. Moosa v. Sub Inspector of Police (ILR 2006(1) Ker 237). It is a full bench decision of this court. The decision holds that the judgment rendere





















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top