ABDULLA P. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the 5th accused in Crime No.933/2016 of Hosdurg Police Station which was registered for the offences punishable under Ss. 143,147,148,341,323,308,427 r/w. Sec. 149 of the Indian Penal Code (IPC).

(2.) The Prosecution case is that, on 12/9/2019 at 20.00 hours, the accused persons total 7 in numbers, in furtherance of their common intention to commit offence, formed themselves into an unlawful assembly, restrained the defacto complainant and assaulted him and thereby caused injuries.

(3.) Annexure-A1 is the F.I.R. and Annexure-A2 is the final report. Among the 7 accused persons, except accused Nos.3 and 5, accused Nos.1,2,4,6 and 7 have faced trial in S.C.No.553/2018 before the Court of Sessions, Kasaragod at Hosdurg and it culminated in Annexure-A3 judgment. As per the said judgment, all accused persons who faced the trial were acquitted from all the charges. The case against the petitioner was split up and it is now pending as C.P.No.87/2021 before the Judicial First Class Magistrate-1, Hosdurg. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure-A2 final report against the petitioner herein.