The petitioner withdrew the criminal miscellaneous case seeking quashment of an FIR during hearing. The court dismissed the case as withdrawn subject to the petitioner retaining the right to challenge the final report.
The petition for quashment of FIR is dismissed as withdrawn; petitioner retains right to challenge final report.
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 T.V.ANILKUMAR
WEDNESDAY, THE 08TH DAY OF JULY 2020 / 17TH ASHADHA, 1942
Crl.MC.No.3505 OF 2016
CRIME NO.1320/2015 OF Tirur Police Station , Malappuram
PETITIONER:
RAFEEQ P.P S/O.KUTTY HASSAN HAJI, PADINHARE PEEDIYAKKAL HOUSE, CODACAL (PO), AJITHAPADI, MALAPPURAM DISTRICT.
BY ADV. SRI.JAMSHEED HAFIZ
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
2 SHAHINU MON S/O.ARCHI BOLD, PARANGATH HOUSE, KODAKKAL (PO), 676108, BEERANCHIRA,TIRUR TALUK, MALAPPURAM DISTRICT.
R1-2 BY ADV. SRI.U.K.DEVIDAS
OTHER PRESENT:
SRI. BINEESH. E.C. (P.P.)
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08.07.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.3505 OF 2016
2
Dated this the 8th day of July, 2020.
ORDER
This proceeding seeking quashment of FIR, is
sought to be withdrawn by the learned counsel for the petitioner.
This crl.M.C is dismissed as withdrawn subject to
the right of the petitioner to challenge the final report, if
any such legal action is warranted.
(Sd/-) T.V. ANILKUMAR, JUDGE
LU/08.07.2020.
Crl.MC.No.3505 OF 2016
3
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE-A1: A CERTIFIED COPY OF THE COMPLAINT FILED BY THE 2ND RESPONDENT DATED 26.08.2015. ANNEXURE-A2: A CERTIFIED COPY OF THE F.I.R.IN CRIME NO.1320/2015 BEFORE THE TIRUR POLICE DATED 27.08.2015. ANNEXURE-A3: A TRUE COPY OF THE AGREEMENT EXECUTED BY THE DEFACTO COMPLAINANT BEFORE THE POLICE DATED 18.08.2015. ANNEXURE-A4: A TRUE COPY OF THE ORDER IN BAIL APPLI.NO.1925/2016 DATED 29.03.2016.
// True Copy // PA to Judge
1 issue framed by the court
Whether to allow the withdrawal of a petition seeking quashment of FIR.
Rafeeq P.P S/O.Kutty Hassan Haji
The State of Kerala Represented By The Public Prosecutor
Shahinu Mon S/O.Archi Bold
T.V. Anilkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
