Kerala High Court
Sinoobdulla vs State Of Kerala
Author: K.Abraham Mathew
Bench: K.Abraham Mathew
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
TUESDAY,THE 19TH DAY OF JULY 2016/28TH ASHADHA, 1938
Crl.MC.No. 3787 of 2016 ()
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SC 457/2014 of ADDL. D.C. & SESSIONS COURT - II, MANJERI
CRIME NO. 1275/2013 OF MANJERI POLICE STATION , MALAPPURAM
PETITIONER(S)/ACCUSED:
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1. SINOOBDULLA
AGED 22 YEARS, S/O.MOIDEEN,
MANNATHANPARAMBIL, ANAKKAYAM AMSOM,
PAPPINIPPARA, MANCHERRY
2. IRSHAD
AGED 25 YEARS, S/O.UMMER,
CHOONDANGA HOUSE, ANAKKAYAM AMSOM,
PAPPINIPPARA
3. SHARAFUDHEEN
AGED 24 YEARS, S/O.SULAIMAN, VALUPARAMBIL HOUSE,
ANAKKAYAM AMSOM, PAPPINIPPARA
4. MUHAMMED RIYAS
AGED 23 YEARS, S/O.ABDUL MAJEED,
NEDUMPARA HOUSE, NARUKKARA AMSOM,
ALUKKAL, MARYAD PO
5. MUHAMMED RAFEEQUE
AGED 27 YEARS, S/O.HAMSA,
CHULLIKULAVAN HOUSE, NARUKARA AMSOM,
VEEMBUR, MARYAD PO
BY ADV. SRI.ABRAHAM THOMAS (PUTHURAN)
RESPONDENT(S)/STATE & DEFACTO COMPLAINANT:
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1. STATE OF KERALA
REPRESENTED BY THE SUB INSPECTOR OF POLICE,
MANCHERRY POLICE STATION,
MALAPPURAM THROUGH PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682031
2. AHAMMEDKUTTY
AGED 49 YEARS, S/O.MAYINKUTTY,
CHAPPATHODI HOUSE, MARIYAD,
NARUKARA, ERNAD TALUK,
MALAPPURAM DISTRICT 676122
3. SULFIKAR
AGED 25 YEARS, S/O.MUHAMMED, POOLAKULANGARA HOUSE,
MARIYAD, NARUKARA, ERNAD TALUK,
MALAPPURAM DISTRICT 676122
R2 & 3 BY ADV. SMT.SHYLAJA VARGHESE
R1 BY PUBLIC PROSECUTOR SRI. REJI JOSEPH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-07-2016,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 3787 of 2016 ()
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APPENDIX
PETITIONER(S)' EXHIBITS
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ANNEXURE 1 CERTIFIED COPY OF THE FIR IN CRIME NO. 1275/2013 OF
MANCHERRY POLICE STATION
ANNEXURE 2 CERTIFIED COPY OF THE FINAL REPORT IN SC.NO. 457/2014 ON THE
FILE OF THE COURT OF THE DISTRICT & SESSIONS COURT, MANJERI
ANNEXURE 3 AFFIDAVIT DATED 14.12.2015 SWORN IN BY RESPONDENTS 2 & 3/
DEFACTO COMPLAINANT
RESPONDENT(S)' EXHIBITS: NIL
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//TRUE COPY//
PA TO JUDGE
sab
K. ABRAHAM MATHEW, J.
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Crl.M.C. No. 3787 of 2016
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Dated this the 19th day of July, 2016
ORDER
The petitioners are the accused in S.C No.457/2014 on the file of the Sessions Court, Manjeri. They are alleged to have committed the offences under Sections 143, 147, 148, 341, 323, 324, 308 and 149 of IPC. It is submitted that the matter has been settled and the proceedings in the sessions case may be quashed.
2. Heard the learned counsel for the petitioners and the respondents 2 and 3 and the learned Public Prosecutor.
3. The respondents 2 and 3 have entered appearance through counsel and filed an affidavit stating that the matter has been settled and they have no objection to the proceedings in the criminal case being quashed. The weapon allegedly used by the petitioners is only an iron rod. The victims did not sustain any serious injuries. The prosecution has no case that the petitioners are involved in any other case. I am satisfied that no public interest is involved in this case and there is no other legal impediment for allowing this Crl.M.C. In the result, this Crl.M.C is allowed. The proceedings in S.C No.457/2014 on the file of the Sessions Court, Manjeri are W.P.(C) No. 3787 of 2016 2 quashed. If any material objects have been produced in the case, the learned Magistrate shall pass appropriate orders for their disposal.
SD/-
K. ABRAHAM MATHEW,
sab JUDGE