The Kerala High Court dismissed a criminal miscellaneous petition and the F.I.R. on non-prosecution. The petitioner and counsel were absent, leading the court to inquire into the settlement and authenticity of the withdrawal, resulting in the dismissal.
Criminal Misc. Case No. 5225 of 2020(C) and Crime No. 948/2020 dismissed for non-prosecution.
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 P.SOMARAJAN
WEDNESDAY, THE 09TH DAY OF DECEMBER 2020 / 18TH AGRAHAYANA, 1942
Crl.MC.No.5225 OF 2020(C)
CRIME NO.948/2020 OF NALLALAM POLICE STATION, KOZHIKODE
PETITIONER/DEFACTO COMPLAINANT:
JAMSHEER, AGED 33 YEARS S/O. SAITHALAVI, KAMBILAL MEETHL, KADAMBUZHA, FEROKE, P.O. KOZHIKODE DISTRICT 673 631.
BY ADVS.
SRI.M.MUHAMMED SHAFI SMT.T.RASINI
RESPONDENTS/COMPLAINANT & ACCUSED:
2 PINTU SHAKE, AGED 19 YEARS S/O. MANTU SHAKE, SHANKRA, BARDDHAMAN, NADANGHAT, WEST BENGAL 713 515.
3 MAKSHED MANDAL, AGED 31 YEARS S/O. AJMAL MANDAL, NUTANGRAM NANDAL, BARDDHAMAN,
NANDAL, WEST BENGAL 713 405.
4 CHANCHAL MANDAL, AGED 38 YEARS
S/O. TARUN MANDAL, PANNAIYARAJAPURAM, GANDHI PARK, COIMBATORE, TAMIL NADU 641 001.
SR.GP - SRI.CHANDRASENAN D.
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.5225 OF 2020(C) 2
ORDER
Petitioner and counsel remained absent. Nobody represented the matter. The case was posted today so as to ascertain the settlement arrived at and its genuineness. Absence of the counsel and the party and the non-representation would show what is behind it. The Crl.M.C. is
dismissed for non-prosecution.
Sd/-
P.SOMARAJAN JUDGE
msp
Crl.MC.No.5225 OF 2020(C) 3
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO. 948 OF 2020 OF NALLALAM POLICE STATION, KOZHIKODE.
//TRUE COPY//
P.A. TO JUDGE
Jamsheer
State of Kerala
Pintu Shake
Makshed Mandal
Chanchal Mandal
Santhur @ Ismail Sait
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
