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2019 Supreme(Online)(KER) 63139
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
THURSDAY, THE 31ST DAY OF JANUARY 2019 / 11TH MAGHA, 1940
Crl.MC.No. 660 of 2019
AGAINST THE ORDER/JUDGMENT IN ST 325/2018 of GRAMA
NYAYALAYA, SREEKRISHNAPURAM.
CRIME NO. 449/2016 OF Mannarkkad Police Station, Palakkad
PETITIONER/S:
MUHAMMED RAFEEK,
AGED 34 YEARS
S/O HAMSA, PAZHAMPAN VEEDU,MADATHIKUNDU,
PULLISSERY P.O.MANNARKKAD TALUK,PALAKKAD
DISTRICT
BY ADVS.
SRI.P.JAYARAM
SRI.SARATH CHANDRAN K.B.
RESPONDENT/S:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM
OTHER PRESENT:
SRI. HRITHWIK C. S, SR PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 31.01.2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.MC.No. 660 of 2019
-2-
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. stands allowed.
Dated this the 31st day of January, 2019.
Sd/-B.SUDHEENDRA KUMAR
JUDGE
ani/
/true copy/
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1
COPY OF THE FIRST INFORMATION REPORT IN
CRIME NO 449 OF 2016, MANNARKKAD POLICE
STATION
ANNEXURE A2
COPY OF THE FINAL REPORT/CHARGE SHEET
FILED BY THE POLICE IN CRIME NO
449/2016, MANNARKKAD POLICE BEFORE THE
JUDICIAL FIRST CLASS MAGISTRATE,
MANNARKKAD.
ANNEXURE A3
COPY OF THE DEPOSITION DATED 27.9.2017
OF PW1 JAYAKRISHNAN,IN CC NO 13/2017,
ON THE FILES OF GRAMA NYAYALAYA,
SREEKRISHNAPURAM
ANNEXURE A4
COPY OF THE DEPOSITION DATED 25.10.2017
OF PW2 RAFEEK IN CC NO 13/2017 ON THE
FILES OF GRAMA NYAYALAYA,
SREEKRISHNAPURAM
ANNEXURE A5
COPY OF THE DEPOSITION DATED 25.10.2017
OF PW3 HUSSAIN, IN CC NO.13/2017, ON
THE FILES OF GRAMA NYAYALAYA,
SREEKRISHNAPURAM
ANNEXURE A6
COPY OF THE DEPOSITION DATED 29.11.2017
OF PW4 NAVAS, IN CC NO.13/2017 , ON THE
FILES OF GRMA NYAYALAYA,
SREEKRISHNAPURAM
-5-
ANNEXURE A7
COPY OF THE DEPOSITION DATED 29.11.2017
OF PW5 SAITH MUHAMMED, IN CC NO.13/2017
, ON THE FILES OF GRAMA NYAYALAYA,
SREEKRISHNAPURAM
ANNEXURE A8
COPY OF THE DEPOSITION DATED 28.2.2018
OF PW6 SHIJU ABARAHAM, IN CC NO.13/2017
,ON THE FILES OF GRMA NYAYALAYA,
SREEKRISHNAPURAM
ANNEXURE A9
COPY OF THE JUDGMENT DATED 26.9.2018 IN
CC NO.13/2017, ON THE FILES OF GRAMA
NYAYALAYA, SREEKRISHNAPURAM
ani/
