Luthfi vs State Of Kerala
2021 Latest Caselaw 3423 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR. JUSTICE P.SOMARAJAN

      FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                       Crl.MC.No.4250 OF 2020(A)

 AGAINST THE ORDER/JUDGMENT IN CC 347/2019 OF JUDICIAL MAGISTRATE
                    OF FIRST CLASS -I, KANNUR

     CRIME NO.1176/2015 OF Kannur Town Police Station, Kannur


PETITIONER/S:

                LUTHFI
                AGED 29 YEARS
                S/O. RASHEED, R/O. MIST, KASANAKOTTA, KANNUR AMSOM,
                KANNUR P.O, KANNUR DISTRICT, PIN-670002

                BY ADVS.
                SRI.E.HARIDAS
                MIDHUN P.V.

RESPONDENTS:

      1         STATE OF KERALA
                REPRESENTED BY PUBLIC PROSECUTOR,
                HIGH COURT OF KERALA, ERNAKULAM, PIN-682031

      2         NOUSHAD C.V,
                S/O. KHALID, 30 YEARS OLD, HARRIS VILLA, HASANAKOTTA,
                KANNUR AMSOM, KANNUR P.O, PIN-670 002.

      3         SUB INSPECTOR OF POLICE,
                KANNUR TOWN POLICE STATION, KANNUR, PIN-670 002


                R1 &R3 ADV.SRI. RAMESH CHAND, PUBLIC PROSECUTOR

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD               ON
29.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.4250 OF 2020(A)

                               2




                            ORDER

Accused No.2 came up to quash the FIR and

the final report on the ground that the co-

accused, the accused No.1, was found not guilty

and acquitted under Section 255 Cr.P.C. after

the trial. The case as against the accused

No.2, is split up as he was absconded at that

time. The acquittal of the co-accused after

trial may not be a ground to quash the final

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

Sd/-

P.SOMARAJAN

JUDGE SPV Crl.MC.No.4250 OF 2020(A)

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A1 A CERTIFIED COPY OF THE FIR NO.

1176/2015 DATED 6.7.2015.

ANNEXURE A2 A CERTIFIED COPY OF THE FINAL REPORT NO. 1483/2015 DATED 22.7.2015.

ANNEXURE A3 A TRUE COPY OF THE ORDER IN C.C.NO.

347/2019 DATED 16.4.2019.

RESPONDENTS' EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE