LAWS(KER)-2021-10-87

NOUSHAD Vs. SAINABA

Decided On October 21, 2021
NOUSHAD Appellant
V/S
SAINABA Respondents

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C. has been filed on the basis that the co-accused had been acquitted and thus the proceedings against the petitioners are also liable to be quashed as the very substratum of the case against them is lost.

(2.) The petitioners are accused Nos. 1 and 5 in C.C. No. 620 of 2010 on the file of the JFCM Court, Vatakara arising from Crime No. 565 of 2010 of Vatakara Police Station, alleging offences punishable under Sections 498 (A), 406 and 354 of IPC.

(3.) Following the investigation, the final report was filed and the petitioners were arrayed as accused Nos. 1 to 5 respectively and as they did not appear, the case was split up and refiled as C.C. No. 10 of 2013 before the same Court. By Annexure-2 judgment, accused 2 to 4 were acquitted.