HIGH COURT OF KERALA
MUHAMMED RAFEEK – Appellant
Versus
STATE OF KERALA – Respondent
The petitioner is the accused in ST No. 325 of 2018
on the files of the court below. The offences alleged are
punishable under Section 379 IPC and Section 20 and 21
of Kerala Protection of River Banks and Regulation of
Removal of Sand Act, 2001 .
2.
Heard.
3.
Annexure-A9 is the judgment of the trial court
in C.C. No. 13 of 2017, which would show that the
accused persons, who faced the trial had been acquitted
by the trial court under Section 248(1) Cr.P.C. and the
case against the petitioner was split up and numbered as
S.T. No, 325 of 2018. It appears from Annexure-A9 that
the substratum of the prosecution case has been lost in the
trial of the other accused. In the said circumstances, no
purpose will be served even if the prosecution against the
petitioner is permitted to be continued.
-3-
4.
In the said circumstances, I am inclined to quash
the final report and further proceedings against the
petitioner in S.T. No. 325 of 2018 on the files of the
court below, in exercise of the inherent power under
Section 482 Cr.P.C., to meet the ends of justice. It is
ordered accordingly.
In the result, this Crl.M.C. sta
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