Kerala High Court
Asker Ali vs The State Of Kerala on 29 July, 2019
Author: P.Ubaid
Bench: P.Ubaid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.UBAID
MONDAY, THE 29TH DAY OF JULY 2019 / 7TH SRAVANA, 1941
Crl.MC.No.5015 of 2019
AGAINST THE JUDGMENT IN SC 435/2019 of ADDITIONAL DISTRICT COURT &
SESSIONS COURT - II, MANJERI
CRIME NO.10/2010 OF Nilambur Police Station , Malappuram
PETITIONER/ORIGINAL ACCUSED NO.5:
ASKER ALI
AGED 43 YEARS
S/O.KUNHALI, THEMBOOTTI KALLINGAL HOUSE, PULLIPADAM,
NILAMBUR, MALAPPURAM DISTRICT.
BY ADV. SRI.K.RAKESH
RESPONDENT/STATE & COMPLAINANT:
1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, KOCHI, PIN-682031
2 THE SUPERINTENDENT OF POLICE,
C.B.C.I.D., OCW-III, PALAKKAD, PIN-678001
3 THE STATION HOUSE OFFICE,
NILAMBUR POLICE STATION, MALAPPURAM DISTRICT,
PIN-679329
SRI RAMESH CHAND-PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
29.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.5015 of 2019
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ORDER
The petitioner herein is the original 5th accused in SC 94 of 2015 of the Court of Session, Manjeri. The other 16 accused faced trial before the learned Additional Sessions Judge-II, Manjeri and obtained a judgment of acquittal on 31.10.2018, when nobody supported the prosecution in view of the amicable settlement made by the parties out of court. The case against the petitioner was split up and re-filed and it is now pending as SC 435/2019. The petitioner now seeks orders quashing the prosecution as against him on the ground that the very substratum of the prosecution case is totally lost by the acquittal of the others, and continuance of the prosecution against him will not serve any purpose.
2. Annexure-B is the judgment of the trial court in SC 94/2015. The judgment shows that the prosecution examined eight witnesses and proved Ext.P1 document in the trial court. All the accused Crl.MC.No.5015 of 2019 3 were acquitted under Sections 232 of the Code of Criminal Procedure in the absence of any incriminating circumstance. In such a situation, it is quite definite that the prosecution cannot in any manner improve the case and the witnesses also cannot in any manner help the prosecution, if the case against the petitioner goes to trial. In short, such proceeding will be a sheer waste of time.
In the result, this petition is allowed. The prosecution against the petitioner herein in SC 435/2019 of the Addl. District and Sessions Court- II, Manjeri will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioner will stand released from prosecution, and the bail bond, if any, executed by him will stand discharged Sd/-
P.UBAID
ma /True copy/ JUDGE
Crl.MC.No.5015 of 2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.10/2010 OF NILAMBUR POLICE STATION 9C.B.C.I.D CRIME NO.50/11) ANNEXURE B TRUE COPY OF THE JUDGMENT IN SC NO.94/2015 OF THE ADDITIONAL SESSIONS JUDGE-II, MANJERI DATED 31.10.2018 /True copy/ P.S to Judge