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2018 Supreme(Online)(KER) 44417

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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