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1 - 9 of 9 (0.27 seconds)Section 149 in The Indian Penal Code, 1860 [Entire Act]
Section 143 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 147 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 323 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 341 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 451 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 294 in The Code of Criminal Procedure, 1973 [Entire Act]
Moosa vs Sub Inspector Of Police on 23 December, 2005
In view
of the settlement there is no possibility of conviction.
Further since the substratum of the prosecution case has
been shattered as per Annexure-A3 judgment, as none of
the witnesses have supported the case of the prosecution as
against co-accused, no purpose will be served by
Crl. M.C.No.6233 of 2015
6
proceeding with this case and that will only amount to
wastage of judicial time. If the substratum of the
prosecution case has been shattered on the basis of
evidence in a proceedings against co-accused, then court
can invoke the power under Section 482 of the Code of
Criminal Procedure to quash the proceedings as against the
remaining accused. This was so held in the decision
reported in Moosa v. Sub Inspector (2006(1) KLT 552).
Further since the matter has been settled between the
parties and on account of the settlement there is no
possibility of conviction and proceeding with the case will
only amount to wastage of judicial time, this court feels that
it is a fit case where the power under Section 482 of the
Code of Criminal Procedure can be invoked to quash the
proceedings as against the petitioners as well.
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