Kerala High Court
Sajeer vs State Of Kerala on 2 June, 2017
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 31ST DAY OF JULY 2017/9TH SRAVANA, 1939
Crl.MC.No. 4079 of 2017 ()
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CRIME NO. 222/2010 OF VALAYAM POLICE STATION ,
KOZHIKODE IN CP NO. 82 OF 2011 JUDICIAL FIRST CLASS MAGISTRATE COURT,
NADAPURAM
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PETITIONER(S)/ACCUSED 1 TO 3:
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1. SAJEER, S/O.ABDULLA, AGED 29 YEARS, PEETTAKANDY HOUSE,
UMMATHOOR P.O., PARAKKADAVU, NADAPURAM,
KOZHIKODE DISTRICT
2. YOUSUFF,
S/O.AMMED, AGED 32 YEARS, THARAPURATHY HOUSE,
UMMATHOOR P.O., PARAKKADAVU, NADAPURAM,
KOZHIKODE DISTRICT
3. MUHASIN,
S/O.KUNHABDULA, AGED 36 YEARS,
THAROL HOUSE, UMMATHOOR P.O., PARAKKADAVU,
NADAPURAM, KOZHIKODE DISTRICT
BY ADV. SRI.SHARAN SHAHIER
RESPONDENT(S)/COMPLAINANT/DE-FACTO COMPLAINANT:
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1. STATE OF KERALA,
REP. BY THE SUB INSPECTOR OF POLICE,
CENTRAL POLICE STATION, ERNAKULAM
THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, KOCHI-682031
2. SREENISH,
S/O.SREEDHARAN, AGED 29 YEARS, CHALIYANTAVIDA HOUSE,
UMMATHOOR P.O., PARAKKADAVU, NADAPURAM,
KOZHIKODE DISTRICT
R1 BY PUBLIC PROSECUTOR SRI. AMJAD ALI
R2 BY ADV. SRI.ARJUN S.RAJ
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 31-07-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sdr/-
Crl.MC.No. 4079 of 2017 ()
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APPENDIX
PETITIONER(S)' ANNEXURES
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ANNEXURE A1 CERTIFIED COPY OF CHARGE SHEET IN 222/2010 OF VALAYAM
POLICE STATION KOZHIKODE
ANNEXURE A2 ACOPY OF THE MEDICAL RECORDS OF THE PETITIONER
ANNEXURE A3 THE SETTLED AFFIDAVIT FILED BY THE DE-FACTO
COMPLAINANT/2ND RESPONDENT DATED 02.06.2017
RESPONDENT(S)' ANNEXURES NIL
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/TRUE COPY/
PA TO JUDGE
sdr/-
K. ABRAHAM MATHEW, J.
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Crl.M.C. No. 4079 of 2017
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Dated this the 31st day of July, 2017
O R D E R
Petition filed under Section 482 Cr.P.C.
2.Petitioners were accused 1, 3 & 4 in CP No.82 of 2011 on the file of the Judicial First Class Magistrate Court, Nadapuram. As the third petitioner was absconding, the case against him was split up and refiled as LP No. 20 of 2012. The case against other accused was committed. After the committal, petitioners 1 and 2 absconded. Their cases were removed to the register of long pending cases, the number being LP Nos.17/2013 & 18/2015. Now, the petitioners have surrendered before the court and they have been released on bail. The prayer is to quash the proceedings as against them on the ground that the matter has been settled. The charge against them was that they committed the offences under Sections 308, 323, 342 & 365 r/w Crl.M.C. No. 4079 of 2017 ..2..
Section 34 of the Indian Penal Code. The second accused was tried in SC No. 427 of 2011 and acquitted.
2.Heard the learned counsel for the petitioners and the second respondent, and the learned Public Prosecutor.
3.The second respondent has entered appearance through counsel and filed an affidavit, stating that the matter has been settled and he has no objection to the prayer in this Crl.M.C. being granted. I am satisfied that the allegation of settlement is true and no public interest is involved in this case.
In the result, this Crl.M.C. is allowed. The proceedings as against the petitioners in the courts below are quashed. If any material object has been produced in the case, the learned Sessions Judge may pass appropriate orders for its disposal.
Sd/-
K. ABRAHAM MATHEW JUDGE bka/-