Kerala High Court
Sivan @ Auto Sivan vs Vinod Kumar on 23 May, 2014
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
THURSDAY, THE 25TH DAY OF FEBRUARY 2016/6TH PHALGUNA, 1937
Crl.MC.No. 933 of 2016
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SC 554/2015 OF ASSISTANT SESSIONS COURT, PALAKKAD
CRIME NO. 476/2014 OF CHITTUR POLICE STATION, PALAKKAD
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PETITIONER(S)/ACCUSED 1 T0 7:
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1. SIVAN @ AUTO SIVAN, AGED 34 YEARS,
S/O.VIRAN, SUJITH, AYYAMPATHY,
THATHAMANGALAM, CHITTOOR PALAKKAD DISTRICT.
2. SANTHOSH KUMAR, AGED 32 YEARS,
S/O.SHANMUGHAN, AYYAMPATHY, THATHAMANGALAM,
CHITTOOR PALAKKAD DISTRICT.
3. SASIKUMAR, AGED 32 YEARS,
S/O.BALAKRISHNAN, SASI NIVAS, AYYAMPATHY,
THATHAMANGALAM, CHITTOOR PALAKKAD DISTRICT.
4. SATHEESH KUMAR, AGED 30 YEARS,
S/O.SHANMUGHAN, AYYAMPATHY, THATHAMANGALAM,
CHITTOOR, PALAKKAD DISTRICT.
5. KESAVAN KUTTY, AGED 38 YEARS,
S/O.KRISHNAN, REKHA NIVAS, AYYAMPATHY,
THATHAMANGALAM, CHITTOOR, PALAKKAD DISTRICT.
6. MUKUNDAN, AGED 31 YEARS
S/O.VISWANTHAAN, AYYAMPATHY, THATHAMANGALAM,
CHITTOOR, PALAKKAD DISTRICT.
7. PRASANTH, AGED 25 YEARS,
S/O.SHANMUGHAN, AYYAMPATHY, THATHAMANGALAM,
CHITTOOR, PALAKKAD DISTRICT.
BY ADV. SRI.K.RAVI (PARIYARATH)
RESPONDENT(S)/DEFACTO COMPLAINANT/INJURED PERSONS & STATE OF KERALA:
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1. VINOD KUMAR, AGED 28 YEARS
S/O.KURUPPASWAMY, RESIDING AT AYYAMPATHY
THATHAMANGALAM, CHITTOOR PALAKKAD DISTRICT-679001.
PJ ....2/-
..2..
Crl.MC.No. 933 of 2016
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2. STATE OF KERALA,
REP. BY THE PUBLIC PROSEUCTOR,
HIGH COURT OF KERALA.
R1 BY ADV. SRI.A.V.RAVI
R2 BY PUBLIC PROSECUTOR SMT.P.MAYA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 25-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
Crl.MC.No. 933 of 2016
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APPENDIX
PETITIONER(S)' ANNEXURES
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ANNEXURE 1- CERTIFIED COPY OF THE F.I.R. IN CRIME NO.476/14, OF CHITTOOR
POLICE STATION DATED 23.5.2014
ANNEXURE 2- ACERTIFIED COPY OF THE FINAL REPORT AND CHARGE WITH NO.849
(A)/2014 OF CHITTOOR POLICE STATION DATD 25.9.2014
ANNEUXRE 3- THE ORIGINAL AFFIDAVIT SWORN IN BY THE 1ST RESPONENT/
INJURED, DATED 30.11.2015
RESPONDENT(S)' ANNEXURES
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NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
B. KEMAL PASHA, J.
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CRL.M.C. No. 933 of 2016
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Dated this the 25th day of February, 2016
O R D E R
Petitioners are the accused in S.C.No.554/2015 of the Assistant Sessions Court, Palakkad, which has arisen from Crime No.476/2014 of the Chittoor Police Station, for the offences punishable under Sections 143, 147, 148, 341 323, 308 and 324 of the Indian Penal Code, read with Section 149 IPC.
2. According to the petitioners, the matter has been amicably settled between them and the defacto complainant/injured who is the first respondent. The defacto complainant has filed Annexure-3 affidavit affirming that the matter has been amicably settled between him and the petitioners.
CRL.M.C.No. 933 of 2016 -: 2 :-
3. At the same time, the learned Public Prosecutor has pointed out that the first accused is a habitual offender who has series of serious criminal antecedents on his part. He is involved in six other crimes also. Considering the said aspect, this Court is not in a position to permit premature termination of the prosecution against the petitioners in this case.
4. The court below can take note of the said fact that the matter has been settled between the parties, and thereby the court below can take the case out of turn and dispose it of expeditiously.
This Crl.M.C. is disposed of with the above observations. The Registry shall return Annexure A3 original affidavit to the learned counsel for the petitioners.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
[True copy] P.S. to Judge