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2018 Supreme(Online)(KER) 44508

MUHAMMED THAHA MOULAVI – Appellant
Versus
STATE OF KERALA – Respondent


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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