P.M.Saddiq Ali vs State Of Kerala
2021 Latest Caselaw 6030 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

     FRIDAY, THE 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942

                    Crl.MC.No.2459 OF 2016(F)

AGAINST THE JUDGMENT IN CC 389/2006 OF SPECIAL JUDICIAL MAGISTRATE
       OF FIRST CLASS FOR TRIAL OF MARADU CASES, KOZHIKODE

     CRIME NO.345/2004 OF NADAKKAVU POLICE STATION, KOZHIKODE


PETITIONER/ACCUSED No.1:

             P.M.SADDIQ ALI,
             PUTHIYAVEETTIL HOUSE,
             NATTIKA BEACH,
             THRISSUR DISTRICT.

             BY ADVS.SRI.P.VIJAYA BHANU (SR.)
                     SMT.MITHA SUDHINDRAN
                     SRI.P.M.RAFIQ

RESPONDENT/COMPLAINANT:

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

             BY PUBLIC PROSECUTOR SMT. SYLAJA S.L.




     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD         ON
19.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.2459 of 2016              2




                               ORDER

Some of the accused in a crime alleging the

offence under Sections 143, 147, 188, 283 r/w Section

149 IPC and Section 38 r/w 52 of the Kerala Police Act

were acquitted after trial. The accused person, against

whom the case was split up, came up to quash the final

report on the reason of acquittal of other accused and

also on the ground that no written complaint was lodged

for the offence under Section 188 IPC. Acquittal of

other accused is not a sufficient reason to exhaust the

remedy under Section 482 Cr.P.C., unless the same would

take away the very substratum of the case. Hence, the

Crl.M.C fails, dismissed.

Sd/-

P.SOMARAJAN

JUDGE DMR/-

APPENDIX PETITIONER'S ANNEXURES:

ANNEXURE-A: TRUE COPY OF THE JUDGMENT IN C.C.NO.389 OF 2006 ON THE FILE OF THE COURT OF THE SPECIAL JUDICIAL MAGISTRATE OF THE FIRST CLASS (MARAD CASES), KOZHIKODE DATED 18.09.2007.

ANNEXURE-B: TRUE COPY OF THE FINAL REPORT IN L.P.NO.139 OF 2009 ON THE FILE OF THE COURT OF THE SPECIAL JUDICIAL MAGISTRATE OF THE FIRST CLASS (MARAD CASES), KOZHIKODE.

RESPONDENT'S ANNEXURE: NIL

// TRUE COPY //

P.A. TO JUDGE