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2018 Supreme(Online)(KER) 44508

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

FRIDAY ,THE 21ST DAY OF DECEMBER 2018 / 30TH AGRAHAYANA,

1940

Crl.MC.No. 8861 of 2018

CC 160/2015 OF J.M.F.C. - II, MAVELIKKARA

CRIME NO. 388/2009 OF MAVELIKKARA POLICE STATION ,

ALAPPUZHA

PETITIONER/S:

MUHAMMED THAHA MOULAVI

AGED 44 YEARS

S/O ABDUL LATHEEF, SAIDU MANSIL, MARUPADI

MURI, THEKKADA VILLAGE, NEDUMANGAD.

BY ADVS.

SRI.R.SUNIL KUMAR

SMT.A.SALINI LAL

RESPONDENT/S:

1

STATE OF KERALA

REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH

COURT OF KERALA, ERNAKULAM.

OTHER PRESENT:

PP.SRI ALEX.M. THOMBRA

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

21.12.2018, THE COURT ON THE SAME DAY PASSED THE

FOLLOWING:

Crl.MC.No. 8861 of 2018

..2..

Petition filed under Section 482 Cr.P.C.

2. The petitioner was the second accused in CC

No. 736 of 2009 on the file of the Judicial

First Class Magistrate Court-II, Mavelikkara.

The allegedly committed the offences under

Sections 170, 420, 468, 471 & 473 of the

Indian Penal Code. As the petitioner was

absconding, only the others were tried. They

were acquitted by Annexure-2 judgment. Later,

the petitioner surrendered and his case is now

pending as CC No. 160 of 2015. He prays that

the proceedings may be quashed in the light of

the acquittal of the co-accused.

3. Heard the learned counsel for the petitioner

and the learned Public Prosecutor.

4. I have perused Annexure-2 judgment by which

the co-accused were acquitted. I am satisfied

that trial of the petitioner will not serve

any purpose.

..3..

In the result, this Crl.M.C. is allowed. The

proceedings in CC No. 160 of 2015 on the file

of the Judicial First Class Magistrate

Court-II, Mavelikkara are quashed.

Sd/-

K.ABRAHAM MATHEW

JUDGE

Bka/21.12.2018

..4..

APPENDIX

PETITIONER'S/S EXHIBITS:

ANNEXURE 1

COPY OF THE FINAL REPORT.

ANNEXURE 2

COPY OF THE JUDGMENT IN CC

NO.736/2009.

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