Kerala High Court
Unknown vs By Adv.Sri.M.R.Sasith
Author: K. Abraham Mathew
Bench: K.Abraham Mathew
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
WEDNESDAY, THE 14TH DAY OF MARCH 2018 / 23RD PHALGUNA, 1939
Crl.MC.No. 1395 of 2018
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* CRIME NO. 1/2015 OF KADAKKAVOOR POLICE STATION, ATTINGAL(CORRECTED)
** ST 158/2011 OF ASSISTANT SESSIONS COURT, ATTINGAL(CORRECTED)
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PETITIONER/ACCUSED-3
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VARUN,
AGED 30 YEARS, S/O. CHANDRASEKHARAN, THIRUVATHIRA
KUNNAVILAYIL , NEAR CHAAVADIMUKKU, VAKKOM VILLAGE
THIRUVANANTHAPURAM.
BY ADV.SRI.M.R.SASITH
RESPONDENT(S)/STATE & DE FACTO COMPLAINANT/COMPLAINANT:
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1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. SANTHOSH @ UNNI,
AGED 36 YEARS, S/O. MADAHAVAN, MUNDU THOPPIL VEEDU,
NEAR VAZHATHOPPU TEMPLE, ANATHALAVATTOM DESOM,
CHIRAYINKEEZHU VILLAGE, THIRUVANANTHAPURAM - 695 001.
3. SUB INSPECTOR OF POLICE,
KADAKKAVOOR POLICE STATION, KADAKKAVOOR- 695 001.
R1,R3 BY SENIOR PUBLIC PROSECUTOR SRI C.S.HRITHWICK
R2 BY ADV. SRI.V.VINAR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14-03-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.V.
* CRIME NO.1/2015 OF KADAKKAVOOR POLICE STATION IS CORRECTED AS
CRIME NO.1/2005 OF KADAKKAVOOR POLICE STATION AS PER ORDER
DATED 3.04.2018 IN CRL.MA NO.3332/2018.
** ST NO.158/2011 PENDING BEFORE ASSISTANT SESSIONS COURT,
ATTINGAL IS CORRECTED AS SC NO.158/2011 PENDING BEFORE ASSISTANT
SESSIONS COURT, ATTINGAL AS PER ORDER DATED 10.4.2018 IN
CRL.MA. 3735/18.
SD/-
ASSISTANT REGISTRAR
Crl.MC.No. 1395 of 2018 ()
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APPENDIX
PETITIONER(S)' ANNEXURES:
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ANNEXURE A1 TRUE COPY OF THE FIR NO. 1/2005 OF KADAKKAVOOR
POLICE STATION
ANNEXURE A2 TRUE COPY OF FINAL REPORT FILED BY THE 2ND
RESPONDENT
ANNEXURE A3 AFFIDAVIT SWORN BY THE 3RD RESPONDENT
ANNEXURE A4 TRUE COPY OF THE ORDER IN CR.M.C. NO.3235/2016
ANNEXURE A5 TRUE COPY PETITION FILED BY THE PETITIONER
BEFORE THE ASSISTANT SESSIONS COURT, ATTINGAL
RESPONDENTS ANNEXURES: NIL
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/TRUE COPY/
K.V. P.S.TO JUDGE
14.03.2018
K. ABRAHAM MATHEW, J.
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Crl.M.C. No. 1395 of 2018
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Dated this the 14th day of March, 2018
ORDER
Petition filed under Section 482 Cr.P.C.
2.The petitioner is the accused in SC No. 158 of 2011 on the file of the Assistant Sessions Court, Attingal. He along with the co-accused allegedly committed the offences under Sections 308, 324, 341 & 452 r/w Section 34 of the Indian Penal Code. The other accused have already been acquitted. The second respondent is the victim. It is submitted that the matter has been settled and the proceedings in the trial court may be quashed.
3.Heard the learned counsel for the petitioner and the second respondent and the learned Public Prosecutor.
4.I have perused the affidavit filed by the second respondent, who has appeared through counsel. I am satisfied that the allegation is true and no public interest is involved.
Crl.M.C. No. 1395 of 2018
..2..
In the result, this Crl.M.C. is allowed. The proceedings in SC No.158 of 2011 on the file of the Assistant Sessions Court, Attingal are quashed. If any material object has been produced, the Sessions Court shall pass appropriate orders for disposal.
Sd/-
K. ABRAHAM MATHEW JUDGE bka/14.03.2018