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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