Gafoor v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 1ST DAY OF DECEMBER 2015/10TH AGRAHAYANA, 1937 Crl.MC.No. 7236 of 2015 () --------------------------- SC 902/2014 of ADDITIONAL DISTRICT JUDGE (SPL. JUDGE (NDPS ACT CASES), VADAKARA CRIME NO. 147/2003 OF NADAPURAM POLICE STATION, KOZHIKODE PETITIONER/ACCUSED NO.2 :

------------------------- GAFOOR, AGED 39 YEARS, S/O.AMMAD, MULLANKATTIL HOUSE, P.O KALLACHI, IYYAMKODE, VISHNUMANGALAM, VATAKARA TALUK.

BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENTS/COMPLAINANT:

------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.

BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

DSV/2/12/15

Crl.MC.No. 7236 of 2015 () --------------------------- APPENDIX PETITIONER'S ANNEXURES:

----------------------- ANNEXURE 1. COPY OF THE FINAL REPORT IN CRIME 147/03 OF NADAPURAM POLICE STATION.

ANNEXURE 2. COPY OF THE JUDGMENT IN SC 1027/2006 ON THE FILE ADDITIONAL DISTRICT JUDGE.

ANNEXURE 3. COPY OF THE ORDER IN CRL.M.C. 2801/2012. RESPONDENTS' ANNEXURE :

----------------------- NIL // True Copy // P.A. To Judge DSV/2/12/15

B. KEMAL PASHA, J.

................................................................ CRL.M.C. No.7236 of 2015 ............................................................... Dated this the 1st day of December, 2015

O R D E R

Petitioner is the 2nd accused in Crime No.147/2003 of the Nadapuram Police Station, which was pending as S.C.No.1027/2006. As the petitioner was absconding, the case against him was split up and re-filed, and it is presently pending as S.C.No.902/2014 before the Additional District and Sessions Court (Special Court for NDPS Act cases) Vatakara.

2.

A3 in the crime was also absconding. All the other accused in the case were acquitted by the court below through Annexure 2 'judgment' of acquittal under Section 232 Cr.P.C. Annexure 2, even though passed in the form of a judgment, shows that it was a case wherein there was no

CRL.M.C.No. 7236 of 2015 -: 2 :- evidence that the accused had committed the offences alleged against them, and therefore it can only be treated as an order of acquittal.

3.

Subsequently, A3 had approached this Court through Crl.M.C. 2801/2012 for getting the proceedings against him quashed. Through Annexure 3 order, this Court has quashed the proceedings against the 3rd accused. On going through Annexures 2 and 3, this Court is satisfied that no fruitful purpose would be served in proceeding with the trial in the case before the court below. Matters being so, all further proceedings in S.C.No.902/2014 on the file of the Additional District and Sessions Court(Special Court for NDPS Act Cases) Vatakara, as against the petitioner, based on Annexure I Final Report in Crime No.147/2003 of the Nadapuram Police Station, can be quashed.

In the result, this Crl.M.C. is allowed and all further proceedings in S.C.No.902/2014 on the file of the Additional District and Sessions Court(Special Court for NDPS Act

CRL.M.C.No. 7236 of 2015 -: 3 :- Cases) Vatakara, as against the petitioner based on Annexure I Final Report in Crime No.147/2003 of the Nadapuram Police Station, are hereby quashed. Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge