Ruhaiz.T vs Sub Inspector Of Police on 5 October, 2018

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Kerala High Court

Ruhaiz.T vs Sub Inspector Of Police on 5 October, 2018

Bench: K.Abraham Mathew

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

           THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

     FRIDAY ,THE 05TH DAY OF OCTOBER 2018 / 13TH ASWINA, 1940

                     Crl.MC.No. 6590 of 2018

 IN CC 587/2018 of JUDICIAL MAGISTRATE OF FIRST CLASS, NADAPURAM

    CRIME NO. 669/2017 OF Nadapuram Police Station , Kozhikode



PETITIONERS/ACCUSED NO 1 TO 8 :-


      1      RUHAIZ.T
             AGED 20 YEARS
             S/O KHALID,
             THAYIL HOUSE, NARIPARA P.O,
             KOZHIKODE

      2      NAZEEMUDEN C.K,
             AGED 20 YEARS
             CHAMAKKALIL HOUSE, MUNNAMKAY, KAVILUMPARA.

      3      JUNAID C.V.,
             AGED 21 YEARS
             S/O.AYUB, CHERUVETTANDE VEEDU, EYAMKODE.P.O.,
             NADAPURAM.

      4      SHAMANAS,
             AGED 19 YEARS
             S/O.KUJALI, MAMUNDERI HOUSE, PUYLIYAVU,
             HARAKKADAVU.P.O.

      5      MUHAMMAD MISS HAB,
             AGED 1 YEARS
             S/O.SUPPIHAJI, THYVECHAMADA VALIYIL HOUSE,
             BHUMIVATHUKKAL, KUYITHERI.

      6      SHAFI P.K.,
             AGED 18 YEARS
             S/O.SULLIMAN, KUTHIYI HOUSE, KODIKKARA.P.O.,
             VELLIYODE, VANIMEL.

      7      ASHIK C.K.,
             AGED 1 YEARS
             LULU MANZIL HOUSE, KUNIGADU.P.O., PURAMERI.
 Crl.MC.No. 6590 of 2018

                                2

      8      SAIDU V.T.K,
             AGED 21 YEARS
             S/O.SUPPI, VATTAKADU, THAZHAKURI HOUSE, KAKKATHIL,
             KULANGARATH.

             BY ADV. SRI.M.R.SASITH


RESPONDENTS/STATE & DEFACTO COMPLAINANT :-


      1      SUB INSPECTOR OF POLICE
             NADAPURAM POLICE STATION,KOZHIKODE-675001

      2      MOHAMMED SHINAS E
             S/O MOIDU, AGED 21 YEARS, EDAVALANTAVIDE HOUSE,
             NADAPURAM, KOZHIKODE - 675001.

             BY ADV. SRI.V.VINAR
             R1 BY SRI. C.S . HRITHWIK SR PUBLIC PROSECUTOR


   THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
   05.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:


                             O R D E R

Petition filed under section 482 Cr.P.C. 2. Petitioners are accused in C.C.No. 587 of 2018 on the file of the Judicial Magistrate of First Class, Nadapuram registered for the offences under Sections 143, 147 and 341 r/w section 149 IPC and section 4 of the Kerala Prohibition of Ragging Act. The 2nd respondent is the victim. It is submitted that the matter has been settled and the proceedings in the trial court may be quashed. Crl.MC.No. 6590 of 2018 3

3. Heard the learned counsel for the petitioners and second respondent and the learned Public Prosecutor.

4. I have perused the affidavit filed by the second respondent, who has entered appearance through counsel. I am satisfied that the matter has been settled and no public interest is involved in this case. There is no impediment for granting the prayer of the petitioners.

In the result, this Crl.M.C is allowed. The proceedings in C.C.No. 587 of 2018 on the file of the Judicial Magistrate of First Class, Nadapuram are quashed.

K.ABRAHAM MATHEW, JUDGE SMA Crl.MC.No. 6590 of 2018 4 APPENDIX PETITIONER'S/S ANNEXURES :-

ANNEXURE A1 TRUE COPY OF THE FIR NO.669/2017 FILED BY 1ST RESPONDENT.

ANNEXURE A2 TRUE COPY OF THE FINAL REPORT FILED BY 1ST RESPONDENT.

ANNEXURE A3 AFFIDAVIT SWORN BY THE 2ND RESPONDENT.

RESPONDENT(S)' ANNEXURES :- NIL //TRUE COPY// PA TO JUDGE SMA

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