Coram K.Haripal J. Disposed the Criminal Miscellaneous case seeking quashing of the final report. Noted that settlement allegations warrant no approval due to the nature of charges but directed the Assistant Sessions Court to dispose of the trial within four months.
Directed the learned Assistant Sessions Court to dispose of S.C.No.745/2019 within four months.
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.HARIPAL
MONDAY, THE 6TH DAY OF DECEMBER 2021 / 15TH AGRAHAYANA, 1943
CRL.MC NO. 2311 OF 2020
(AGAINST SC 745/2019 ON THE FILES OF ASSISTANT SESSIONS COURT KARUNAGAPPALLY
ARISING OUT OF CRIME NO.1593/2018 OF KARUNAGAPPALLY POLICE STATION, KOLLAM)
PETITIONER/ACCUSED NO.4:
ANAS, AGED 20 YEARS S/O.SAINUDEENKUNJU, TAMAM VILLA (H), ALUMKADAVU P.O., KARUNAGAPPALLY, KOLLAM DT. - 690 573. BY ADVS. M.MUHAMMED SHAFI SMT.T.RASINI
RESPONDENTS/STATE AND DEFACTO COMPLAINANTS :
1 STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2 THOFEEQ, AGED 18 YEARS, S/O.SHAREEF, VALYATHU VADAKKATHIL (H), KADATHOORMURI, KADATHOOR P.O., KOLLAM DT. - 695 303. 3 RAMSHEED, AGED 20 YEARS, S/O.NOUSHAD, ALAKKADA KIZHAKKETHARAYIL (H), PUNNAKULAMMURI P.O., KARUNAGAPPALLY TALUK, KOLLAM DT. - 690 542.
SR.PP -SRI. HRITHWIK C.S.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.12.2021, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.2311 of 2020
2
ORDER
This is a Crl.M.C filed under Section 482 of the Cr.P.C
seeking to quash the Annexure A1 final report in crime No.1593/2018 of Karunagappally police station now pending as S.C.No.745/2019 of the Assistant Sessions Court, Karunagappally. Originally quashment was sought on merits; later it was submitted that the petitioner has settled the case with the injured. Having regard to the nature of the allegations, such a settlement cannot be given the stamp of approval by the Court. However, a report was called for from the Assistant Sessions Judge, Karunagappally, as to within what time the case can be disposed. The learned Sessions Judge has reported that the case can be disposed of within a period of four months.
Crl.M.C.No.2311 of 2020
3
date of receipt of a copy of this order.
Crl.M.C is disposed of as above.
Sd/-
K.HARIPAL
JUDGE
Jms/06.12
//True Copy// P.A to Judge
Crl.M.C.No.2311 of 2020
4
| APPENDIX OF CRL.MC 2311/2020 | |
|---|---|
| PETITIONER ANNEXURE | |
| ANNEXURE A1 | CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1593/2018 OF KARUNAGAPPALLY POLICE STATION, KOLLAM. |
| ANNEXURE A2 | CERTIFIED COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 16/07/2019. |
| ANNEXURE A3 | CERTIFIED COPY OF THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 16/07/2019. |
| ANNEXURE A4 | CERTIFIED COPY OF THE ORDER IN CRL.M.C.NO.7518/2019. |
1 provisions across 1 enactments
ANAS
STATE OF KERALA
THOFEEQ
RAMSHEED
K.HARIPAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
