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2019 Supreme(Online)(KER) 63139

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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