Allowed

Ganesan v. State of Kerala

Kerala HC25 Sept 2018Crl.MC/5416/2018

Case brief

AI extract

What is this about?

Single judge of Kerala High Court allowed a criminal miscellaneous petition filed by a second accused absconder. The petition sought quashing of pending proceedings due to settlement and lack of public interest. The court quashed the proceedings in C.C. No.1036 of 2018.

What did the court decide?

Proceedings in C.C. No.1036 of 2018 on the file of the Judicial Magistrate of First Class, Adoor are quashed. Trial court directed to dispose of any material objects produced.

Ganesan Vs State of Kerala — Writ and Judicial Review | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

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TUESDAY ,THE 25TH DAY OF SEPTEMBER 2018 / 3RD ASWINA, 1940

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Crl.MC.No. 5416 of 2018

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AGAINST CC NO.1036/2018 OF JUDICIAL FIRST CLASS MAGISTRATE, ADOOR

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PETITIONER/ACCUSED:

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GANESAN AGED 25 YEARS, S/O.SASIDHARAN NAIR KOTHAKATHU HOUSE THOOMBAKKULAM, THANNITHODU VILLAGE, THECKUTHODU MURI, KONNI TALUK PATHANAMTHITTA DISTRICT

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BY ADV. SRI.M.MANOJ KUMAR(TRIVANDRUM)

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RESPONDENTS/DE FACTO COMPLAINTS/STATE:

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1 STATE OF KERALA

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REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA

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2 HARSHA KUMAR AGED 38 YEARS, S/O BALKRISHNA KURUP PANAYAMCHERY HOUSE, ANATHADAM, THOTTUVA MURI, PALLICKAL VILLAGE, ADOOR TALUK, PATHANAMTHITTA DIST., PIN - 691 557.

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BY ADV. L.SMITHA RAJ SRI C.S.HRITHWIK SR.PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.09.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.M.C. 5416/18

-:2:-

ORDER

Petitioner was the second accused in C.C. No.1428 of 2012 on the file of the Judicial Magistrate of First Class, Adoor. The petitioner along with the other accused allegedly committed the offences under Sections 323, 326 and 341 IPC. As the petitioner was absconding, only the other accused were tried. They were acquitted by Annexure-A4 judgment. The case against the petitioner is now pending as C.C. No.1036 of 2018 on the file of the Judicial Magistrate of First Class, Adoor. Second respondent is the victim. It is submitted that the matter has been settled and the proceedings in the trial court may be quashed.

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Heard the learned counsel for the petitioner and the second respondent and the learned Public Prosecutor.

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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 petitioner.

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In the result, this Crl.M.C is allowed. The proceedings in C.C. No.1036 of 2018 on the file of the Judicial Magistrate of First Class, Adoor are quashed. If any material objects have been produced in this case, the trial court may pass appropriate orders for their disposal.

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Sd/-

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K.ABRAHAM MATHEW JUDGE

vps 29/9

-:3:-

Crl.M.C. 5416/18

APPENDIX

PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO.1046/11 OF THE ADOOR POLICE STATION.

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ANNEXURE A2 TRUE COPY OF THE FINAL REPORT IN CC NO.1036/2018 (REFILLED FROM C.C.NO. 1428/12) ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, ADOOR.

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ANNEXURE A3 AFFIDAVIT DATED 8/8/18

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ANNEXURE A4 TRUE COPY OF THE JUDGMENT DATED 19.4.2018 IN CC NO.1428/12 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, ADOOR

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RESPONDENT'S/S' EXHIBITS:

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NIL

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/TRUE COPY/

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VPS PS TO JUDGE

Ganesan v. State of Kerala

Case brief

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Ganesan v. State of Kerala

Case brief

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