Kerala High Court
Hamza Haji vs P.Sethalavi on 7 January, 2020
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 07TH DAY OF JANUARY 2020 / 17TH POUSHA, 1941
Crl.MC.No.8814 OF 2019(B)
AGAINST THE ORDER/JUDGMENT IN CC 1451/2013 OF JUDICIAL MAGISTRATE
OF FIRST CLASS, PATTAMBI
CRIME NO.275/2006 OF Pattambi Police Station, Palakkad
PETITIONERS/ACCUSED 1 & 2:
1 HAMZA HAJI
AGED 79 YEARS, S/O.THAYU HAJI,
PANNIKANDATHIL HOUSE, ZEENATH MANZIL,
SOUTH ANNARA, TIRUR, MALAPPURAM DISTRICT.
2 NASIM HAJI,
AGED 43 YEARS, S/O.HAMZA HAJI,
PANNIKANDATHIL HOUSE, ANTHARA, TIRUR,
MALAPPURAM.
BY ADVS.
SRI.B.RAMAN PILLAI (SR.)
SRI.R.ANIL
SRI.M.SUNILKUMAR
SRI.SUJESH MENON V.B.
SRI.T.ANIL KUMAR
SRI.THOMAS ABRAHAM (NILACKAPPILLIL)
SMT.S.LAKSHMI SANKAR
RESPONDENTS/VICTIMS & STATE:
1 P.SETHALAVI,
AGED 46 YEARS, S/O.ABDUL KHADAR,
PULAAKKAL HOUSE, KONDOOR KARA,
PATTAMBI TALUK, PIN-686578.
2 SHEELA PRASAD,
AGED 55 YEARS, W/O.PRASAD,
PANDARATHIL HOUSE, LIBERTY STREAT,
PATTAMBI TALUK, PIN-678001.
Crl.M.C.No.8814 of 2019
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3 M.K.ASEES,
AGED 48 YEARS, S/O.MUHAMMED ASEES,
ASEES HOUSE, VILATHOOR DESOM,
THIRUVEGAPPURA AMSOM, PATTAMBI TALUK,
PALAKKAD DISTRICT, PIN-678601.
4 KAMALADEVI,
AGED 46 YEARS, W/O.RAJAN,
PALLIYALTHODI HOUSE, PARUTHOOR DESOM,
PALLIPPURAM AMSOM, PATTAMBI TALUK,
PALAKKAD, PIN-679303.
5 MAFIR,
AGED 33 YEARS, S/O.KUNJU MOIDEEN,
THADATHILAKATHU HOUSE, NJANGATTIRI,
PATTAMBI TALUK, PIN-679303.
6 SARFUNNEESA,
AGED 47 YEARS, D/O.ABDUL KHADER,
MAMBULLIYIL, KARAMBATHOOR NADAPARAMBU,
PATTAMBI TALUK, PALAKKAD, PIN-679303.
7 SHAMEER,
AGED 26 YEARS, S/O.KUNJABDULLA,
NJARACHIRA KALATHIL HOUSE,
VALLAPPUZHA, PIN-679336.
8 SURESH BABU,
AGED 53 YEARS, S/O.VASU,
KERALASSERY HOUSE, KARAYATTUKARA, ELTHURUTHI,
THRISSUR DISTRICT, PIN-680611.
9 MADHAVAN,
AGED 67 YEARS, S/O.KESHAVAN NAIR,
NEETHI BHAVAN, ANAKKARA AMSOM DESOM,
PATTAMBI TALUK, PALAKKAD DISTRICT, PIN-679303.
10 AHAMMED KABIR,
AGED 49 YEARS, S/O.ALI HAJI,
MADATHIL HOUSE, NJANGATTIRI,
PATTAMBI TALUK, PIN-679303.
11 GOPINATHAN,
AGED 52 YEARS, S/O.GOVINDANKUTTY NAIR,
GOKULAM HOUSE, VALLUVAMBRA, MONGAM,
MALAPPURAM, PIN-673642.
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12 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.
R1-R11 BY ADV. B.KRISHNA KUMAR
R12 BY SRI.RAMESH CHAND, PP
OTHER PRESENT:
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.8814 of 2019
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O R D E R
Dated this the 7th day of January 2020 The petitioners are accused 1 and 2 in C.C.No.1451/2013 on the file of the Judicial First Class Magistrate Court, Pattambi, for having allegedly committed the offences punishable under Sections 420, 120(b) read with Section 34 of I.P.C. and also under Sections 45(S) and 58(B) of Reserve Bank of India Act. The crime was registered on the basis of the complaints lodged by respondents 1 to
11. They have appeared through Counsel and have filed affidavits stating that the matter has been amicably settled and that they have no existing grievance against the petitioners. A report has been filed by the investigating officer through the Senior Public Prosecutor to that effect. The petitioners do not have any criminal antecedents and no public interest is involved.
Crl.M.C.No.8814 of 20195
In the result, the Crl.M.C. is allowed and the entire proceedings in C.C.No.1451/2013 on the file of the Judicial First Class Magistrate Court, Pattambi, stands quashed under Section 482 of Cr.P.C. and the petitioners are discharged.
Sd/-
dkr ASHOK MENON
JUDGE
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A COPY OF THE FINAL REPORT IN CR.65/CR/
PKD/07.
ANNEXURE B NOTARISED COPY OF THE AFFIDAVIT SWORN TO BY
THE 1ST RESPONDENT.
ANNEXURE B1 NOTARISED COPY OF THE AFFIDAVIT SWORN TO BY
THE 2ND RESPONDENT.
ANNEXURE B2 NOTARISED COPY OF THE AFFIDAVIT SWORN TO BY
THE 3RD RESPONDENT.
ANNEXURE B3 NOTARISED COPY OF THE AFFIDAVIT SWORN TO BY
THE 4TH RESPONDENT.
ANNEXURE B4 NOTARISED COPY OF THE AFFIDAVIT SWORN TO BY
THE 5TH RESPONDENT.
ANNEXURE B5 NOTARISED COPY OF THE AFFIDAVIT SWORN TO BY
THE 6TH RESPONDENT.
ANNEXURE B6 NOTARISED COPY OF THE AFFIDAVIT SWORN TO BY
THE 7TH RESPONDENT.
ANNEXURE B7 NOTARISED COPY OF THE AFFIDAVIT SWORN TO BY
THE 8TH RESPONDENT.
ANNEXURE B8 NOTARISED COPY OF THE AFFIDAVIT SWORN TO BY
THE 9TH RESPONDENT.
ANNEXURE B9 NOTARISED COPY OF THE AFFIDAVIT SWORN TO BY
THE 10TH RESPONDENT.
ANNEXURE B10 NOTARISED COPY OF THE AFFIDAVIT SWORN TO BY
THE 11TH RESPONDENT.