The High Court allowed the petition under Section 482 Cr.P.C. to quash proceedings in C.C. No. 859 of 2016 involving offences under Sections 323, 325 and 451 IPC, finding the matter settled with no public interest involved.
Proceedings in C.C. No. 859 of 2016 registered in the court of the Judicial Magistrate First Class, Mannarkkad are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
FRIDAY ,THE 14TH DAY OF DECEMBER 2018 / 23RD AGRAHAYANA, 1940
Crl.MC.No. 7771 of 2017
AGAINST THE ORDER/JUDGMENT IN CC 859/2016 of J.M.F.C., MANNARKKAD
CRIME NO. 740/2015 OF Nattukal Police Station , Palakkad
PETITIONERS/ACCUSED:
1 MUHAMMED ASHIQ S/O.MUHAMMED SHAFI, AGED 20 YEARS, KUREETTY HOUSE, POONGODE PO, KALIKAVU, MALAPPURAM DISTRICT.
2 FARSHAN S/O.SAIDALAVI, AGED 18 YEARS, THURAKULAVAN, POONGODE PO,KALIKAVU, MALAPPURAM DISTRICT.
BY ADV. SMT.T.V.NEEMA
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.
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Crl.M.C. 7771/17
2 USMAN K. AGED 65 YEARS, S/O.LATE ABU HAJI, KURUKKADAN HOUSE, ARAKKUPRAMBA,PERINTHALMANNA, MALAPPURAM DISTRICT-678582.
BY ADV. SRI.K.MOHANAKANNAN
SRI.C.M. KAMAPPU, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 14.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. 7771/17
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ORDER
Petition filed under Section 482 Cr.P.C.
In the result, this Crl.M.C is allowed. The proceedings in C.C. No.859 of 2016 on the file of the Judicial Magistrate of First Class, Mannarkkad are quashed. If any material objects have been produced in this case, the trial court may pass appropriate orders for their disposal.
Sd/-
K.ABRAHAM MATHEW JUDGE
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Crl.M.C. 7771/17
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.740/2015 OF NATTUKAL POLICE STATION DATED 8.1.2016 AND PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE, MANNARKKAD IN CC 859/2016. ANNEXURE A2 TRUE COPY OF FIR IN CRIME NO.763/2015 OF NATTUKAL POLICE STATION. ANNEXURE A3 AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT DATED 15.10.2017.
RESPONDENT'S/S' EXHIBITS:
NIL
/True Copy/
vps PS to Judge
2 issues framed by the court
Whether the proceedings under Sections 323, 325 and 451 IPC should be quashed given the settlement of the matter.
Whether any public interest is involved in continuing the trial.
1 provisions across 1 enactments
MUHAMMED ASHIQ
FARSHAN
STATE OF KERALA
USMAN K.
ABRAMAH MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
