Kamaruddin vs Station House Officer
2021 Latest Caselaw 4865 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

    WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942

                    Crl.MC.No.3490 OF 2019(E)

      SC 92/19 OF ADDITIONAL SESSIONS COURT - III, KASARAGOD

     CRIME NO.1120/2011 OF HOSDURG POLICE STATION, KASARAGOD


PETITIONER/ACCUSED No.1:

             KAMARUDDIN, AGED 26 YEARS,
             S/o SHAMSUDHEEN, RESIDING AT PADIKAL HOUSE,
             THEKKEPPURAM, AJANUR VILLAGE, HOSDURG TALUK.

             BY ADV. SRI.C.K.SREEJITH

RESPONDENTS/COMPLAINANT & STATE:

      1      STATION HOUSE OFFICER,
             HOSDURG POLICE STATION, KASARAGOD DISTRICT,
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM-682031.

      2      STATE OF KERALA,
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM-682031.


             BY PUBLIC PROSECUTOR SRI. M.R.DHANIL


     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD          ON
10.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.3490 of 2019                2




                                     ORDER

The accused No.1, taking advantage of acquittal of

accused No.4 since the witness turned hostile to the

prosecution, came up to quash the proceedings. The

crime against accused Nos.3 and 5 were quashed in

Crl.M.C. No.5782/2019, dated 23.09.2019, by this Court

on the ground of lack of specific allegation regarding

the weapon used and that there is no overt act alleged

against them. But the said treatment cannot be

extended to accused No.1 against whom there is specific

overt act along with accused No.2 by hitting on the

complainant. The acquittal of other accused may not be

a sufficient reason to exhaust Section 482 Cr.P.C.

Hence, the Crl.M.C. is dismissed.

Sd/-

                                                    P.SOMARAJAN

DMR/-                                                   JUDGE




                              APPENDIX
PETITIONER'S ANNEXURES:

ANNEXURE A1               THE TRUE COPY OF THE FINAL REPORT IN CRIME

NO.1120/2011 ON THE FILE OF HOSDURG POLICE STATION, KASARAGOD DISTRICT.

ANNEXURE A2 THE TRUE COPY OF THE DEPOSITION PW1 WHO WAS CW2.

ANNEXURE A3 THE TRUE COPY OF THE DEPOSITION PW2 WHO WAS CW3.

ANNEXURE A4 THE TRUE COPY OF THE DEPOSITION PW3 WHO WAS CW10.

ANNEXURE A5 THE TRUE COPY OF THE DEPOSITION PW4 WHO WAS CW12.

ANNEXURE A6 THE TRUE COPY OF THE DEPOSITION PW6 WHO WAS CW14.

ANNEXURE A7 THE TRUE COPY OF THE DEPOSITION PW7 WHO WAS CW15.

ANNEXURE A8 THE TRUE COPY OF THE DEPOSITION PW8 WHO WAS CW16.

ANNEXURE A9 THE TRUE COPY OF THE JUDGMENT IN SC NO.410/2015 ON THE FILE OF THE COURT OF DISTRICT & SESSIONS NO.III, KASARAGOD.

RESPONDENTS' ANNEXURE: NIL

// TRUE COPY //

P.A. TO JUDGE