Kerala High Court
Sajikumar vs State Of Kerala on 3 December, 2018
Author: K.Abraham Mathew
Bench: K.Abraham Mathew
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
MONDAY ,THE 03RD DAY OF DECEMBER 2018 / 12TH AGRAHAYANA, 1940
Crl.MC.No. 1893 of 2013
AGAINST THE ORDER IN CC 79/2009 of J.M.F.C.-III,TRIVANDRUM
PETITIONERS:
1 SAJIKUMAR
S/O.RAVEENDRAN PILLAI, SAJI BHAVAN, MADAN NADA,
CHADAYAMANGALOM WARD, KOLLAM DISTRICT.
2 MURUKANN
S/O.CHOODAMANI, CHARUVILAKOM VEEDU, T.C.24/953,
METTUKKADA, THYCAUD WARD, THYCAUD VILLAGE.
3 RADHAKRISHNAN NAIR
S/O.NAGAPPAN NAIR, SARADAYIL, T.C.23/167(1),
VALIYASALA WARD, THYCAUD VILLAGE.
4 CHANDRASENAN
S/O.DAMODHARAN NAIR, INDIRA BHAVAN, T.C.20/823,
KARAMANA, THYCAUD VILLAGE.
5 ASHOK KUMAR
S/O.HARIDAS, AMARAVILA VEEDU, T.C.48/193,
PARAVANKKUNNU, AMPALATHARA WARD, MUTTATHARA VILLAGE.
BY ADVS.
SRI.ALAN PAPALI
SRI.GILBERT GEORGE CORREYA
SRI.SOJAN MICHEAL
RESPONDENTS:
1 STATE OF KERALA
(SUB INSPECTOR OF POLICE, THAMPANOOR POLICE STATION)
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, KOCHI-682031.
2 ADDITIIONAL R2 IMPLEADED
PANKAJAKSHY
AGED 66 YEARS, D/O.BHAI RESIDING AT DIVYA BHAVAN,
PUNNACAUD, PALLIVILAKOM, PERUMBAZHUTHOOR,
Crl.MC.No. 1893 of 2013 2
NEYYATTINKARA, THIRUVANANTHAPURAM IS IMPLEADED AS
ADDITIONAL R2 AS PER ORDER DATED 3.12.2018 IN
CRL.M.A. NO.1 OF 2018 IN CRL. M.C.NO.1893 OF 2018.
BY ADV. SRI.V.V.SURESH
SRI RAMESH CHAND -PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03.12.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Petition filed under Section 482 Cr.P.C.
2. Petitioners are the accused in C.C.No.79 of 2009 on the file of the Judicial First Class Magistrate Court-III, Thiruvananthapuram. They have allegedly committed the offences under Sections 143, 147, 323 and 354 r/w Section 149 IPC. Additional second respondent is the victim. The learned Asst. Public Prosecutor filed an application to withdraw from the prosecution under Section 321 Cr.P.C. By Annexure-II order, the learned Magistrate has dismissed it. This is challenged. At the hearing, it was submitted that the matter has been settled. I have perused the affidavit filed by the additional second respondent. I am satisfied that the matter has Crl.MC.No. 1893 of 2013 3 been settled and no public interest is involved in it.
In the result, this Crl.M.C is allowed. Annexure
-II order is set aside. The proceedings in C.C. No.79 of 2009 on the file of the Judicial First Class Magistrate Court-III, Thiruvananthapuram are quashed. If any material objects have been produced in this case, the trial court may pass appropriate orders for their disposal.
Sd/-
K.ABRAHAM MATHEW JUDGE pm APPENDIX PETITIONERS' EXHIBITS:
ANNEXURE P1 ANNEXURE I: TRUE COPY OF THE PETITION DATED 14-12-2010 FILED BY THE ASSISTANT PUBLIC PROSECUTOR, GR.I, THIRUVANANTHAPURAM IN CC 79/2009 BEFORE THE JFCM-III, THIRUVANANTHAPURAM.
ANNEXURE P2 ANNEXURE II: CERTIFIED COPY OF THE ORDER DATED 25-9-2012 IN CMP 4521/2010 IN CC 79/2009 OF THE COURT OF JFCM III, THIRUVANANTHAPURAM.
RESPONDENTS' EXHIBITS:
ANNEXURE-R2(a) THE AFFIDAVIT FILED BY THE DEFACTO COMPLAINANT // TRUE COPY // PA TO JUDGE