IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
WEDNESDAY,THE 12TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940
Crl.MC.No. 8425 of 2018
AGAINST THE ORDER IN LPC 42/2017 of SUB COURT, KANNUR
CRIME NO. 651/2010 OF Thaliparamba Police Station , Kannur
PETITIONER:
M.V. LATHEEF @ POKKAN LATHEEF,
AGED 41 YEARS
S/O LATE HASSAN, MEETHALE VALAPPIL HOUSE, KUPPAM
P.O., TALIPARAMBA AMSOM, KANNUR DISTRICT-670502.
BY ADV. V.A. SATHEESH
RESPONDENTS:
1
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, THROUGH S.H.O TALIPARAMBA POLICE
STATION, KANNUR DISTRICT.
2
M.V.RAJESH
AGED 43 YEARS
S/O KUMARAN, MADA VALAPPIL HOUSE, BAKKALAM P.O.,
KANUL P.O., MORAZHA AMSOM, KANNUR DISTRICT-670563.
BY ADV. SRI.V.T.MADHAVANUNNI
SENIOR PUBLIC PROSECUTOR SRI. ALEX M. THOMBRA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 8425 of 2018
2
Petitioner was the 11th accused in Crime No. 651 of
2010 of Thaliparamba Police Station. He and the co-accused
allegedly committed the offence under Section 395 IPC. As the
petitioner was absconding only the case against the others was
committed. After filing the final report, it was taken on the file of
Assistant Sessions Judge, Kannur as Sessions case 459 of 2012. The
accused who were tried were acquitted. Later the petitioner
surrendered and his case is now pending as S.C. No. 1075 of 2018.
The proceedings are sought to be quashed in the light of the
acquittal of the co-accused.
2. Heard the learned counsel for the petitioner and the
learned Public Prosecutor .
3. I have perused Annexure A5 judgment by which the
co-accused were aquitted. I am satisfied that no purpose will be
served by the trial of the petitioner.
In the result, this Crl.M.C is allowed. The proceedings
in S.C.No. 1075 of 2018 on the file of Assistant Sessions Judge,
3
Kannur are quashed. The trial court may pass appropriate orders
for the disposal of the material objects if they are not required for
any other purpose.
Sd/-
K.ABRAHAM MATHEW
JUDGE
SVP
4
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE A1
TRUE CERTIFIED COPY OF THE FIR IN
CRIME NO.651/2010 OF TALIPARAMBA
POLICE STATION
ANNEXURE A2
TRUE CERTIFIED COPY OF THE FIRST
INFORMATION STATEMENT GIVEN BY THE 2ND
RESPONDENT IN CRIME NO.651/2010 OF
TALIPARAMBA POLICE STATION
ANNEXURE A3
TRUE CERTIFIED COPY OF THE FINAL
REPORT IN CRIME NO.651/2010 OF
TALIPARAMBA POLICE STATION
ANNEXURE A4
TRUE CERTIFIED COPY OF THE MEMO OF
EVIDENCE IN CRIME NO.651/2010 OF
TALIPARAMBA POLICE STATION
ANNEXURE A5
TRUE CERTIFIED COPY OF THE JUDGMENT IN
SC.459/2012 ON THE FILE OF ASSISTANT
SESSIONS COURT, KANNUR DATED 26.9.2015
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY//
Sd/-
PA TO JUDGE
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