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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
JABBAR T.S – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. accused's claims of acquittal of co-accused undermine prosecution. (Para 1 , 2 , 3) |
| 2. petitioner did not participate in previous trials, leading to split cases. (Para 4 , 5 , 6) |
| 3. legal precedent allows quashing due to lack of evidence. (Para 7 , 8 , 9) |
| 4. crl.m.c allowed, quashing further proceedings. (Para 10) |
ORDER
The petitioner is the 13th accused in Crime No.116/2001 registered by the Kunnathunadu Police Station and Crime No.321/CR/EKM/02 registered by the Crime Branch CID, Ernakulam, for allegedly committing the offences punishable under Sections 143 , 147, 148, 452, 436, 427, 324 and 326 r/w Section 149 of the Indian Penal Code and Section 3 of the Explosive Substance Act .
2. The gravamen of the prosecution case is that;
On 15.05.2001, at about 22.30 hours, the accused persons, in prosecution of their common intention, had formed an unlawful assembly and trespassed into a Garment Company and ladies hostel owned by CW2 and committed rioting with deadly weapons and caused hurt to CWs 1 to 4. They also threw explosive substance on the premises and caused loss of Rs.17,00,000/- to M/s. Kitex Garment.
3. The petitioner has stated in the Crl.M.C., that, although
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