Shoukath @ Shoukathali vs Binu

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Kerala High Court

Shoukath @ Shoukathali vs Binu

Bench: K.Abraham Mathew

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                          PRESENT:

                    THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

                 FRIDAY, THE 3RD DAY OF AUGUST 2018 / 12TH SRAVANA, 1940

                                    Crl.MC.No. 4904 of 2018


          IN LP 183/2012 of ADDITIONAL SESSIONS COURT - III,     MANJERI

         CRIME NO. 37/2009 OF PERUMPADAPPU POLICE STATION , MALAPPURAM



PETITIONER(S)/ACCUSED :-


      SHOUKATH @ SHOUKATHALI,
      AGED 41 YEARS, S/O. KHALID MUSLIYAR, MURIYATH HOUSE,
      AYYOTICHIRA, MALAPPURAM DISTRICT.


          BY ADV.SRI.SUNNY MATHEW


RESPONDENT(S)/COMPLAINANTS & STATE :-

1.    BINU,
      S/O. KRISHNAN, AGED 47 YEARS, RESIDING AT NELLIKKAL HOUSE,
      VELIANKODE AMSOM, GRAMAM DESOM, PONNANI TALUK,
      MALAPPURAM DISTRICT.

2.    THE SUB INSPECTOR OF POLICE,
      PERUMPADAPP POLICE STATION, MALAPPURAM DISTRICT.

3.    STATE OF KERALA,
      REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
      KERALA, ERNAKULAM.

         R1 BY   ADV. SRI.DINESH THANKAPPAN
         R2-R3   BY SRI.C.S.HRITHWIK, PUBLIC PROSECUTOR


    THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-08-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 4904 of 2018 ()

                                       APPENDIX


PETITIONER(S)' ANNEXURES :-


ANNEXURE A1       A TRUE COPY OF THE FINAL REPORT IN LP 183/2012 ON
                  THE FILE OF THE COURT OF THE 3RD ADDITIONAL
                  SESSIONS JUDGE, MANJERI.

ANNEXURE A2       TRUE COPY OF THE ORDER OF ACQUITTAL DATED
                  31.7.2014 IN S.C. 160/2011 COURT OF THE 3RD
                  ADDITIONAL SESSIONS JUDGE, MANJERI.

ANNEXURE A3       TRUE COPY OF THE AFFIDAVIT SWORN TO BY 1ST
                  RESPONDENT.




RESPONDENT(S)' ANNEXURES :-     NIL




                                                     //TRUE COPY//



                                                     PA TO JUDGE



SMA

                     K.ABRAHAM MATHEW, J.
                 -------------------------
                     Crl.M.C.No. 4904 of 2018
          -----------------------------
            Dated this the 03rd day of August, 2018



                                ORDER

Petitioner was the fourth accused in C.P. No.16 of 2010 on the file of Judicial Magistrate of First Class, Ponnani. He and the co- accused allegedly committed the offences under section 143, 147, 148, 395, 427 and 448 IPC. He was absconding. The case was committed only in the respect of other accused who were tried in S.C.No.160 of 2011 by Additional Sessions Judge-III, Manjeri. Thus accused were acquitted by Annexure A2 judgment. Later the petitioner surrendered before the court below. His case has been taken on its and filed as C.P.No.36 of 2018. He prays that the proceedings as against him may be quashed in the light of the acquittal of the co-accused and settlement aggrieved between him and this first respondent who is the victim.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

3. I have perused the Annexure A2 judgment by which the co-accused were acquitted. I have also perused the affidavit filed by the first respondent, I am Stanfield that the matter has been settled and no purpose will be served by the trial of the petitioner. Crl.M.C.No. 4904 of 2017 2

In the result this Crl.M.C is allowed. The proceedings in C.P.No.36 of 2018 on the filed of the Judicial Magistrate of First Class, Ponnani are quashed.

Sd/-

K.ABRAHAM MATHEW, JUDGE //True Copy// PA TO JUDGE SMA

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