Anwar vs State Of Kerala
2021 Latest Caselaw 15563 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE P.SOMARAJAN
         FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
                          CRL.MC NO. 2043 OF 2021
            CRIME NO.8/2012 OF EXCISE RANGE OFFICE, KOLLAM
AGAINST THE JUDGMENT IN SC 347/2015 OF III ADDITIONAL SESSIONS COURT,
                                  KOLLAM
PETITIONER/2nd ACCUSED:

            ANWAR, S/o NAVAB, ANDUMANZIL, NADUKUNNU DESAM,
            PATHANAPURAM VILLAGE, PATHANAPURAM TALUK.

            BY ADV ARUN BABU



RESPONDENTS/STATE & COMPLAINANT:

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

     2      CIRCLE INSPECTOR OF POLICE,
            EXCISE RANGE OFFICE, KOLLAM-691001.



            BY PUBLIC PROSECUTOR SRI. E.C.BINEESH


     THIS   CRIMINAL   MISC.   CASE   HAVING   COME   UP   FOR   ADMISSION   ON
23.07.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.2043 of 2021                   2




                                       ORDER

Accused No.2 who was allegedly carrying the

contraband in a motor car driven by accused No.1 came

up under Section 482 Cr.P.C. to quash the crime and the

final report and its further proceedings in

S.C.No.347/2015. He kept away from the proceedings

which has resulted in splitting up of case against the

accused and trial was proceeded against accused Nos.1

and 6. It is submitted that both accused Nos.1 and 6

were acquitted by the trial court due to paucity of

evidence and the present petitioner is also standing on

the same pedestal and if it is proceeded further, it

will not serve any purpose and hence sought to quash

the proceedings and sessions case. It is well settled

that the acquittal of accused due to paucity of

evidence may not, by itself, entitle the co-accused the

benefit of acquittal and hence the present application

is really a misuse of process of the court.

Crl.M.C. is hence dismissed.

Sd/-

P.SOMARAJAN JUDGE DMR/-

APPENDIX OF CRL.MC 2043/2021

PETITIONER'S ANNEXURE

ANNEXURE A1 THE TRUE COPY OF THE COMPLAINT DATED 31/01/2015 FILED BY THE 2ND RESPONDENT BEFORE THE SESSIONS COURT, KOLLAM.

ANNEXURE A2 TRUE COPY OF THE JUDGMENT DATED 31.01.2019 IN SC 347/2015 OF IIIRD ADDITIONAL SESSIONS JUDGE, KOLLAM.

ANNEXURE A3 CERTIFIED COPY OF THE JUDGMENT DATED 17/11/2020 IN CRL.M.C.NO.7538/2019.

RESPONDENTS' ANNEXURE NIL

// TRUE COPY //

P.A. TO JUDGE