Ashik vs State Of Kerala on 12 November, 2019

[Cites 2, Cited by 0]

Kerala High Court

Ashik vs State Of Kerala on 12 November, 2019

Bench: Ashok Menon

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR. JUSTICE ASHOK MENON

   TUESDAY, THE 12TH DAY OF NOVEMBER 2019 / 21ST KARTHIKA, 1941

                      Crl.MC.No.7469 OF 2019(C)

    AGAINST THE ORDER/JUDGMENT IN SC 223/2018 OF PRINCIPAL SUB
                          COURT,ATTINGAL

          CRIME NO.1001/2016 OF Kadinamkulam Police Station,
                          Thiruvananthapuram

PETITIONERS/ACCUSED 1, 4, 5, 6, 8 & 9:

      1       ASHIK
              AGED 23 YEARS, S/O.MAHEEN,
              ADINA MANZIL, PARAYAN VILA, PUTHUKURICHI,
              KADINAMKULAM VILLAGE,
              THIRUVANANTHAPURAM DISTRICT-695303.

      2       NAUFAL
              AGED 28 YEARS, S/O.SHARAFUDEEN,
              THAIVILAKAM VEEDU, PUTHUKURICHI THERUVU, KADINAMKULAM
              VILLAGE,
              THIRUVANANTHAPURAM DISTRICT-695303.

      3       SHEHINSHA
              AGED 28 YEARS, S/O.SHAJAHAN,
              PUTHUKURICHI THERUVU, KADINAMKULAM VILLAGE,
              THIRUVANANTHAPURAM DISTRICT-695303.

      4       SHANAVAS
              AGED 23 YEARS, S/O.SHAJI,
              THAIVILAKAM VEEDU, PUTHUKURICHI THERUVU, KADINAMKULAM
              VILLAGE,
              THIRUVANANTHAPURAM DISTRICT-695303.

      5       SHAHUL HAMEED,
              AGED 24 YEARS, S/O.ABDUL HAKIM,
              THAIVILAKAM VEEDU, PUTHUKURICHI THERUVU, KADINAMKULAM
              VILLAGE,
              THIRUVANANTHAPURAM DISTRICT-695303.

      6       SHAHIN
              AGED 24 YEARS, S/O.ABDUL VAHID,
              SHAHIN MANZIL, NEAR VAYANASALA, PUTHUKURICHI,
              KADINAMKULAM VILLAGE,
              THIRUVANANTHAPURAM DISTRICT-695303.

              BY ADV. SRI.M.ABDUL RASHEED
 Crl.M.C.No.7469 of 2019
                                   2



RESPONDENTS/STATE, CW1, CW2, CW3 & CW4:

        1        STATE OF KERALA,
                 THROUGH STATION HOUSE OFFICER,
                 KADINAMKULAM POLICE STATION,
                 REPRESENTED BY THE PUBLIC PROSECUTOR,
                 HIGH COURT OF KERALA, HIGH COURT.P.O.,
                 ERNAKULAM-682031.

        2        NAZEER,
                 AGED 27 YEARS, S/O.SALIM,
                 KOTTARAMTHURUTH, PATTAPURAYIDAM VEEDU,
                 PERUMATHURA.P.O., AZHOOR VILLAGE,
                 THIRUVANANTHAPURAM DISTRICT-695303.

        3        NAIF
                 AGED 22, S/O.NOUSHAD,
                 NAIF MANZIL, OTTAPANA, PERUMATHURA.P.O.,
                 SARKARA VILLAGE,
                 THIRUVANANTHAPURAM DISTIRCT-695303.

        4        SHAHEER,
                 AGED 30, S/O.MANZOOR,
                 PATTAPURAYIDAM VEEDU, PERUMATHURA.P.O.,
                 AZHOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT-695303.

        5        ASFAR,
                 AGED 24, S/O.ASLAM,
                 PILLAYARKULAM VEEDU, OTTAPPANA, PERUMATHURA.P.O.,
                 SARKARA VILLAGE, THIRUVANANTHAPURAM DISTRCT-695303.

                 R1 BY SRI.C.S.HRITHWIK, SR PP
                 R2-R5 BY ADV. K.NIRMALAN

OTHER PRESENT:


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.7469 of 2019
                                        3




                                  O R D E R

Dated this the 12th day of November 2019 The petitioners are accused 1, 4, 5, 6, 8 and 9 in S.C.No.223/2018 on the file of the Assistant Sessions Court, Attingal for offence punishable under Sections 308, 143, 147, 148, 323 and 324 read with Section 149, I.P.C. There are four injured in this case and they are impleaded as respondents 2 to 5. They are represented through a Counsel and have filed an affidavit stating that they have no objection in quashing the proceedings against the petitioners as the matter has been settled between them. A report is also filed by the investigating officer, through the Public Prosecutor stating that all the injured were questioned and that they have no objection in quashing the proceedings against the petitioners and they do not intend to proceed with the prosecution. Under the circumstances, no purpose will be served by keeping alive the proceedings in the case.

Crl.M.C.No.7469 of 2019

In the result, the Crl.M.C. is allowed and the entire proceedings in S.C.No.223/2018 on the file of the Assistant Sessions Court, Attingal stands quashed under Section 482, Cr.P.C. and the accused are set at liberty.

Sd/-


                                  ASHOK MENON

dkr                                  JUDGE
 Crl.M.C.No.7469 of 2019
                                    5




                              APPENDIX
PETITIONER'S/S EXHIBITS:

ANNEXURE A1               COPY OF THE F.I.R.IN CRIME NO.1001/2016 OF
                          KADINAMKULAM         POLICE       STATION,
                          THIRUVANANTHAPURAM DISTRICT.

ANNEXURE A2               COPY OF THE FINAL REPORT AGAINST ACCUSED
                          A1, A2, A3, A4, A5, A6, A8 AND A9 IN

S.C.NO.223/2018 ON THE FILE OF SUB COURT & ASST. SESSIONS COURT, ATTINGAL.

ANNEXURE A3 ORIGINAL AFFIDAVIT SIGNED BY THE 3RD RESPONDENT DATED 9.3.2019.

ANNEXURE A4 ORIGINAL AFFIDAVIT SIGNED BY THE 4TH RESPONDENT DATED 9.3.2019.

ANNEXURE A5 ORIGINAL AFFIDAVIT SIGNED BY THE 5TH RESPONDENT DATED 9.3.2019.

ANNEXURE A6 ORIGINAL AFFIDAVIT SIGNED BY THE 6TH RESPONDENT DATED 9.3.2019.

Unlock Advanced Research with PRISMAI

Kerala High Court