Kerala High Court
Firoz vs The State Of Kerala
Author: B. Kemal Pasha
Bench: B.Kemal Pasha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
MONDAY,THE 22ND DAY OF FEBRUARY 2016/3RD PHALGUNA, 1937
Crl.MC.No. 831 of 2016 ()
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SC.NO. 261/2015 OF ADDL. SESSIONS COURT (FOR THE TRIAL OF CASES RELATING
TO ATROCITIES AND SEXUAL VIOLENCE AGAINST WOMEN & CHILDREN)
ERNAKULAM AS SPLIT UP FROM SC NO. 514/2013
CRIME NO. 1828/2011 OF KOCHI CUSBA POLICE STATION, PALLURUTHY,
ERNAKULAM DISTRICT
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PETITIONER/1ST ACCUSED :
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FIROZ,
AGED 35 YEARS, S/O.YUSUF, RESIDING AT ROSEVILLA HOUSE
PLAPPARA BIN LANE, P.D.ROAD, RAMESWARAM VILLAGE
PALLURUTHY, ERNAKULAM DISTRICT.
BY ADVS.SRI.T.MADHU
SRI.B.S.SURAJ KRISHNA
RESPONDENT/STATE :
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THE STATE OF KERALA
THROUGH THE STATION HOUSE OFFICER
KOCHI CUSBA POLICE STATION, PALLURUTHY
ERNAKULAM DISTRICT
REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
BY PUBLIC PROSECUTOR SMT. P. MAYA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 22-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
...2/-
Crl.MC.No. 831 of 2016 ()
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APPENDIX
PETITIONER(S)' ANNEXURES :
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ANNEXURE A1: THE TRUE CERTIFIED COPY OF THE FIR IN CRIME
NO.1828/2011 OF KOCHI CUSBA POLICE STATION,
PALLURUTHY, ERNAKULAM DISTRICT.
ANNEXURE A2: THE TRUE CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO.1828/2011 OF KOCHI CUSBA POLICE STATION,
PALLURUTHY, ERNAKULAM DISTRICT.
ANNEXURE A3: THE TRUE CERTIFIED COPY OF THE JUDGMENT DATED
10/3/2015 IN SC.NO.514/2013 ON THE FILES OF THE LEARNED
ADDITIONAL SESSION'S COURT (FOR THE TRIAL OF CASES
RELATING TO ATROCITIES AND SEXUAL VIOLENCE AGAINST
WOMEN AND CHILDREN), ERNAKULAM.
ANNEXURE A4: THE TRUE CERTIFIED COPY OF THE DEPOSITION OF PW1
DATED 27/2/2015 IN SC.NO.514/2013 ON THE FILES OF THE
LEARNED ADDITIONAL SESSION'S COURT (FOR THE TRIAL OF
CASES RELATING TO ATROCITIES AND SEXUAL VIOLENCE
AGAINST WOMEN AND CHILDREN), ERNAKULAM.
ANNEXURE A5: THE TRUE CERTIFIED COPY OF THE DEPOSITION OF PW2
DATED 27/02/2015 IN SC.NO.514/2013 ON THE FILES OF THE
LEARNED ADDITIONAL SESSION'S COURT (FOR THE TRIAL OF
CASES RELATING TO ATROCITIES AND SEXUAL VIOLENCE
AGAINST WOMEN AND CHILDREN), ERNAKULAM.
ANNEXURE A6: THE TRUE CERTIFIED COPY OF THE DEPOSITION OF PW3
DATED 27/02/2015 IN SC.NO.514/2013 ON THE FILES OF THE
LEARNED ADDITIONAL SESSION'S COURT (FOR THE TRIAL OF
CASES RELATING TO ATROCITIES AND SEXUAL VIOLENCE
AGAINST WOMEN AND CHILDREN) ERNAKULAM.
ANNEXURE A7: THE TRUE CERTIFIED COPY OF THE DEPOSITION OF PW4
DATED 27/02/2015 IN SC.NO.514/2013 ON THE FILES OF THE
LEARNED ADDITIONAL SESSION'S COURT (FOR THE TRIAL OF
CASES RELATING TO ATROCITIES AND SEXUAL VIOLENCE
AGAINST WOMEN AND CHILDREN) ERNAKULAM.
ANNEXURE A8: THE TRUE CERTIFIED COPY OF THE DEPOSITION OF PW5
DATED 27/02/2015 IN SC.NO.514/2013 ON THE FILES OF THE
LEARNED ADDITIONAL SESSION'S COURT (FOR THE TRIAL OF
CASES RELATING TO ATROCITIES AND SEXUAL VIOLENCE
AGAINST WOMEN AND CHILDREN) ERNAKULAM.
RESPONDENT(S)' ANNEXURES : NIL
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//TRUE COPY//
P.S. TO JUDGE
Mn
B. KEMAL PASHA, J.
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CRL.M.C. No. 831 of 2016
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Dated this the 22nd day of February, 2016
O R D E R
Originally, the petitioner was the first accused in S.C.No.514/2013 of the Additional Sessions Court, Ernakulam, which has arisen from Crime No.1828/2011 of the Kochi Kasba Police Station, for the offences punishable under Sections 143, 147, 148, 457, 323, 294(b) and 506(ii) of the Indian Penal Code read with Section 149 IPC. As the petitioner was absconding, the case against him was split up and refiled as S.C.No.261/2015. The case in S.C.No.514/2013 was proceeded with and all the other accused were acquitted through Annexure-A3 order. PW1, who was the defacto complainant, had turned hostile to the prosecution and did not support the prosecution case. In fact, the other accused were acquitted through Annexure-A3 order of acquittal, under Section 232 Cr.P.C. The evidence CRL.M.C.No. 831 of 2016 -: 2 :- of PWs.2 to 5 were also not reliable.
2. On going through Annexure-A3 order and the depositions of PWs.1 to 5 in S.C.No.514/2013, this Court is satisfied that no fruitful purpose would be served in proceeding with the trial of the case against the petitioner. Matters being so, all further proceedings in S.C. No.261/2015 of the Additional Sessions Court, Ernakulam as against the petitioner, based on Annexure A2 final report in Crime No.1828/2011 of the Kochi Kasba Police Station, can be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings in S.C. No.261/2015 of the Additional Sessions Court, Ernakulam as against the petitioners, based on Annexure A2 final report in Crime No.1828/2011 of the Kochi Kasba Police Station, are hereby quashed.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
[True copy] P.S. to Judge