Kerala High Court
M.K.Sunoj vs Station House Officer
Author: K. Abraham Mathew
Bench: K.Abraham Mathew
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
TUESDAY, THE 25TH DAY OF JULY 2017/3RD SRAVANA, 1939
Crl.MC.No. 3435 of 2017 (H)
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AGAINST THE JUDGMENT DATED 18.06.2009 IN SC 371/2006 of
PRL.S.C.,THALASSERY
CRIME NO. 753/2004 OF VALAPPATANAM POLICE STATION , KANNUR
PETITIONER/ACCUSED NO. 6:
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M.K.SUNOJ,
S/O. KUMARAN,
NEAR HIGHER SECONDARY SCHOOL, AROLI,
P.O. AROLI, KANNUR DISTRICT.
BY ADVS.SRI.P.U.SHAILAJAN
SRI.M.SURESH KUMAR
RESPONDENTS/STATE, DE FACTO COMPLAINANT & INJURED:
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1. STATION HOUSE OFFICER,
VALAPATTANAM POLICE STATION,
KANNUR DISTRICT,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, KOCHI - 682 031.
2. MUHAMMED BASHEER. A,
AGED 40 YEARS,
S/O. C.H. MAMMU,
AZHEEKODENTAKATHU HOUSE,
MANAKADAVU P.O.,
AROLI, KANNUR DISTRICT - 670 566.
3. ABDULLA. C,
AGED 39 YEARS, S/O. ABOOBACKER,
MANKADAVU, P.O. AROLI,
KANNUR DISTRICT - 670 566.
R2-R3 BY ADV. SMT.D.N.NISHANI
R1 BY SR. PUBLIC PROSECUTOR SRI. P. NARAYANAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
25-07-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 3435 of 2017 (H)
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APPENDIX
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PETITIONER(S)' EXHIBITS
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ANNEXURE I TRUE COPY OF THE CHARGE SHEET IN CRIME NO. 753/2004 AT
VALAPATTANAM POLICE STATION, KANNUR DISTRICT.
ANNEXURE I TRUE COPY OF THE JUDGMENT DATED 18.06.2009 IN S.C.NO.
371/2006 BEFORE THE ADDITIONAL ASSISTANT SESSIONS COURT,
THALASSERY.
ANNEXURE III AFFIDAVIT SWORN BY 2ND RESPONDENT DATED 22.04.2017.
ANNEXURE IV AFFIDAVIT SWORN BY 3RD RESPONDENT DATED 22.04.2017.
RESPONDENT(S)' EXHIBITS: NIL
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//TRUE COPY//
P.A. TO JUDGE
DST
K. ABRAHAM MATHEW,J.
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Crl.M.C. No. 3435 of 2017
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Dated this the 25th day of July, 2017
O R D E R
Petition filed under Section 482 Cr.P.C.
2. The petitioner was the 6th accused in Crime No.753 of 2004 of Valapattanam Police Station. After the final report was filed the case was taken on the files of Sessions Court, Thalassery as S.C. No.371 of 2006. The accused allegedly committed the offences under Sections 143, 147, 148, 308, 326, 427 and 448 read with Section 149 of the Indian Penal Code,1860.
3. As the petitioner and another accused were absconding., only the remaining accused were tried. They were acquitted by Annexure-2 judgment. The case against the petitioner and the other accused was split up. The petitioner has paid the amount covered by the bond executed by him when he was released on bail. Though the Crl.M.C.No. 3435 of 2017 ::2::
case was split up, the trial court did not assign a number for the new proceedings. But not it has been assigned the number S.C. No.577 of 2017. The victims, who are respondents 2 and 3, have filed affidavits stating that they have no objection to the Sessions Case being quashed. The prayer is to quash the proceedings in the trial court.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. Accused 1 to 4 were acquitted by Annexure-2 judgment. The occurrence witnesses including the informant could not identify the assailants; that is why the co-accused were acquitted.
6. I have perused the affidavits filed by respondents 2 and 3 and I am satisfied that this is a fit case to quash the proceedings. No public interest is involved in it.
In the result, this Crl.M.C.is allowed. The Crl.M.C.No. 3435 of 2017 ::3::
proceedings in S.C. No.577 of 2017 on the files of Assistant Sessions Court, Thalassery are quashed. The petitioner's passport shall be returned to him.
Sd/-
K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. TO JUDGE