Kerala High Court
K.P. Anwar vs Station House Officer on 18 June, 2009
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
THURSDAY, THE 14TH DAY OF DECEMBER 2017/23RD AGRAHAYANA, 1939
Crl.MC.No. 8445 of 2017 ()
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SC 577/2017 of ADDITIONAL ASSISTANT SESSIONS COURT,
THALASSERY
CRIME NO. 753/2004 OF VALAPATTANAM POLICE STATION, KANNUR
PETITIONER/ACCUSED NO 5:
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K.P. ANWAR,
S/O. MOIDU, EENTHODU., P.O AROLI,
PAPPINISSERY,
KANNUR DISTRICT.
BY ADVS.SRI.P.U.SHAILAJAN
SRI.M.SURESH KUMAR
SMT.D.N.NISHANI
SRI.V.SREEJITH (K/1398/2000)
RESPONDENTS/STATE, DE-FACTO COMPLAINANT AND INJURED:
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1. STATION HOUSE OFFICER,
VALAPATTANAM POLICE STATION
KANNUR DISTRICT,
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA,
ERNAKULAM, KOCHI 682 031
2. MUHAMMED BASHEER A.,
AGED 40 YEARS,
S/O. C.H MAMMU, AZHEEKODENTAKATHU HOUSE,
MANKADAVU, P.O AROLI, KANNUR DISTRICT,
PIN 670 561.
Crl.MC.No. 8445 of 2017 ()
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3. ABDULLA C,
AGED 39 YEARS,
S/O. ABOOBACKER, MANKADAVU, P.O AROLI
KANNUR DISTRICT, PIN 670 561.
R1 BY PUBLIC PROSECUTOR SRI.ALEX M. THOMBRA
R2 & R3 BY ADV. SMT.VIDYA KURIAKOSE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 14-12-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
DSV/-
Crl.MC.No. 8445 of 2017 ()
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APPENDIX
PETITIONER'S ANNEXURES:
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ANNEXURE I TRUE COPY OF THE CHARGE SHEET IN CRIME NO
753/2004 AT VALAPATTANAM POLICE STATION, KANNUR.
ANNEXURE II TRUE COPY OF THE JUDGMENT DATED 18-06-2009 IN
S.C NO. 371/2006 BEFORE THE ADDITIONAL ASSISTANT SESSIONS
COURT, THALASSERY.
ANNEXURE AIII AFFIDAVIT SWORN BY 2ND RESPONDENT
DATED 22-4-2017.
ANNEXURE IV AFFIDAVIT SWORN BY 3RD RESPONDENT
DATED 22-4-2017.
RESPONDENTS' ANNEXURES:
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NIL
// True Copy //
P.A. To Judge
DSV/-
B.KEMAL PASHA, J.
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Crl.M.C.No.8445 of 2017
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Dated this the 14th day of December, 2017
O R D E R
Petitioner was originally the 5th accused in Session Case No.371 of 2006 of the Additional Assistant Sessions Court, Thalassery, for the offences under Sections 143, 147, 148, 448, 427, 326 and 308 IPC read with Section 149 IPC.
2. All the accused, except the petitioner and A6, faced trial in the said case. Since the petitioner and A6 were absconding, the case against them was split up and refiled. Through Annexure-II judgment, A1 to A4 were acquitted under Section 232 Cr.P.C., for want of any evidence. PW6 was the injured witness, who deposed before the court below that he could not identify the assailants due to darkness. The other prosecution witnesses also did not support the prosecution. In was a case, in which, there was no evidence against A1 to A4. Presently, the case against the petitioner is pending as S.C.No.577 of 2017 before the Additional Assistant Sessions Crl.M.C.No.8445 of 2017 2 Court, Thalassery. Even if the trial is proceeded with, no fruitful purpose would be served in the matter. Apart from that the parties have come to terms and the injured witness (PW6 in S.C.No.371 of 2006), who is the 2nd respondent herein and the other affected person have filed Annexure-III and Annexure-IV affidavits affirming that the matter has been amicably settled between them and the petitioner and they have no complaints against the petitioner. It has been reported that no criminal antecedents have been reported against the petitioner. This Court is satisfied that there are no ingredients to invite an offence under Section 308 IPC in the matter. Matters being so, Annexure-I Final Report and all further proceedings in S.C.No.577 of 2017 of the Additional Assistant Sessions Court, Thalassery, which has arisen from Crime No.753 of 2004 of the Valapattanam Police Station, as against the petitioner, are liable to be quashed.
In the result, this Crl.M.C. is allowed and Annexure-I Final Report and all further proceedings in S.C.No.577 of Crl.M.C.No.8445 of 2017 3 2017 of the Additional Assistant Sessions Court, Thalassery, which has arisen from Crime No.753 of 2004 of the Valapattanam Police Station, as against the petitioner, are hereby quashed.
Sd/-
B.KEMAL PASHA JUDGE DSV/15/12/17 // True Copy // P.A. To Judge