Kerala High Court
Shuhaib vs State Of Kerala on 15 December, 2023
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 15TH DAY OF DECEMBER 2023 / 24TH AGRAHAYANA,
1945
CRL.MC NO. 10892 OF 2023
CRIME NO.194/1995 OF Vengara Police Station, Malappuram
AGAINST THE ORDER/JUDGMENT SC 320/2019 OF ADDITIONAL
SESSIONS COURT (ADHOC) III, MANJERI
PETITIONER/S:
SHUHAIB
AGED 56 YEARS
S/O.ABDUL KHADER, POTANIKKAL HOUSE, FAROOK NAGAR,
KODINHI, TIRURANGADI TALUK, MALAPPURAM DISTRICT,
PIN - 676309
BY ADV BABU S. NAIR
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, KOCHI, PIN - 682031
2 THE STATION HOUSE OFFICER
VENGARA POLICE STATION, MALAPPURAM DISTRICT, PIN
- 676304
OTHER PRESENT:
SRI MP PRASANTH , PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 15.12.2023, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
-2-
Crl.M.C No. 10892 of 2023
P.V.KUNHIKRISHNAN, J.
======================================================
Crl.M.C No.10892 of 2023
=============================================================
Dated this the 15th day of December, 2023
ORDER
The petitioner is one of the accused in SC No.320 of 2019 on
the file of the Additional Sessions Court (Adhoc) III, Manjeri, arising
from Crime No.194 of 1995 of Vengara Police Station, Malappuram.
The above case is charge sheeted against the petitioner and others
alleging offence punishable under Section 4 of the Explosive
Substances Act. It is submitted that the co-accused were already
acquitted as per Annexure D judgment. It is also submitted that the
case against some of the accused were already quashed by this Court
as per Annexures E and F orders. In the light of the same, it is
submitted that the continuation of the proceedings against the
petitioner is an abuse of process of court. I think there is force in the
argument. In the light of Annexures D, E and F, the continuation of
proceedings against the petitioner alone is an abuse of process of
court.
Therefore, this Crl.M.C is allowed. All further proceedings as
against the petitioner in SC No.320 of 2019 on the file of the
Additional Sessions Court (Adhoc) III, Manjeri, arising from Crime
No.194 of 1995 of Vengara Police Station, Malappuram, are quashed.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
APPENDIX OF CRL.MC 10892/2023
PETITIONER ANNEXURES
Annexure A A TRUE COPY OF THE F.I.R. IN CRIME
NO.194/1995 OF THE VENGARA POLICE
STATION DATED, 31-12-1995
Annexure B A TRUE COPY OF THE FINAL REPORT/CHARGE
IN CRIME NO.194/1995 OF THE VENGARA
POLICE STATION
Annexure C A TRUE COPY OF THE REPORT FILED BY THE
INSPECTOR OF POLICE, CBCID, ERNAKULAM
DATED, 24-10-2017
Annexure D A TRUE COPY OF THE JUDGMENT IN
S.C.NO.290/2008 OF THE ADDITIONAL
SESSIONS COURT (FAST TRACK COURT
NO.III), MANJERI DATED, 12-5-2009
Annexure E A TRUE COPY OF THE ORDER IN
CRL.M.C.NO.1013/2015 DATED, 4-10-2023
OF THIS HON'BLE COURT
Annexure F A TRUE COPY OF THE ORDER IN
CRL.M.C.NO.5758/2020 DATED, 11-10-2023
OF THIS HON'BLE COURT
