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Muhammed Mubeen M vs State Of Kerala

High Court Of Kerala|09 December, 2014
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JUDGMENT / ORDER

The petitioner herein is the original fifth accused in Crime No.196/2007 of Kasaragod Police Station, registered under Sections 143, 147, 148, 447, 341, 326 and 308 r/w 149 of IPC on the complaint of one Muhammed Sahir. The original accused Nos. 2 and 4 faced trial in S.C No.873/2007 before the Additional Sessions Court, Kasaragod (Adhoc II), and obtained a judgment of acquittal under Section 232 Cr.P.C, when all the material witnesses including the de facto complainant turned fully hostile to the prosecution, in view of an amicable settlement made by the parties out of court. Annexure 2 is the judgment dated 1.2.2012 in the said case. The case against the original first accused was quashed by this court as per the order dated 15.1.2014 in Crl.M.C 524/2014. The case against the petitioner herein was split up and refiled when he remained consistently absent. His case is now pending as S.C No.158/2014 before the Additional Sessions Court (Adhoc II), Kasaragod. He seeks orders quashing the prosecution on the ground that continuance of prosecution as against him will not Crl. M.C No. 2019 of 2014 2 serve any purpose. The Annexue 2 judgment shows that all the material witnesses turned fully hostile to the prosecution during trial, and the trial judge acquitted the original accused Nos. 2 and 4 under section 232 Cr.P.C in the absence of any evidence or incriminating circumstance. No doubt, the prosecution cannot in any manner improve the case, if it goes to trial against the petitioner herein. The material witnesses who turned hostile to the prosecution cannot in any manner support the prosecution. Practically, continuance of prosecution will be a sheer waste of time. In the result, this petition is allowed. The prosecution against the petitioner in S.C No.158/2014 of the Additional Sessions Court (Adhoc – II), Kasaragod will stand released from prosecution, and the bail bond, if any, executed by him will stand discharged. P.UBAID, JUDGE sab
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Title

Muhammed Mubeen M vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
09 December, 2014
Judges
  • P Ubaid
Advocates
  • Sri
  • S Jiji