Held that the Criminal Misc. Case allowing withdrawal of a petition to quash a charge sheet was disposed of as withdrawn upon the petitioner's request after the court was initially disinclined to quash proceedings due to injuries sustained by the de facto complainant.
Crl.M.C allowed to be withdrawn; dismissed as withdrawn.
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
WEDNESDAY, THE 1ST DAY OF DECEMBER 2021 / 10TH AGRAHAYANA, 1943
CRL.MC NO. 4008 OF 2021
(TO QUASH CHARGE SHEET IN CRIME NO.30/2018 OF TIRUR POLICE STATION, FOR OFFENCES
PUNISHABLE UNDER SECTION 341, 324, 326 AND 308 R/W 34 OF THE IPC)
PETITIONERS/ACCUSED 1 TO 4:
1 SARAFUDHEEN.T., AGED 28 YEARS S/O.YUSAF, THENDATH PUTHIYANGADI, BP ANGADI, TALAKKAD, BETTATH PUDIANGADI, MALAPPURAM DISTRICT, PIN-676 102. 2 SHAMIL.P., AGED 26 YEARS S/O.SHAJIR.P., POOKKAYIL HOUSE, NORTH BP ANGADI, BP ANGADI, TALAKKAD, BETTATH PUDIANGADI, MALAPPURAM DISTRICT, PIN-676 102. 3 HAMZA.K.P., AGED 32 YEARS S/O.MOIDEEN, KALATHIL PRAMBIL, ANAPPADI, TRIKKALANGODE P.O., TRIPRANGODE, MALAPPURAM DISTRICT, PIN-676 108. 4 HASSAINAR.E.V., AGED 41 YEARS S/O.ABBAS.E.V., ERASSAM VEETTIL, ANAPADI, TRIPRANGODE P.O., TRIPRANGODE, MALAPPURAM DISTRICT, PIN-676 108. BY ADV P.T.SHEEJISH
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
| 1 | STATE OF KERALA, |
|---|---|
| REPRESENTED BY PUBLIC PROSECUTOR, | |
| HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031. | |
| 2 | SHAHID, |
| AGED 34 YEARS | |
| S/O.BASHEER, KOTTAPARAMBIL HOUSE, | |
| KATTACHIRA, P.O.BP ANGADI, | |
| TIRUR TALUK, MALAPPURAM DISTRICT-676 101. | |
| BY ADV AJOY VENU | |
| PP - SRI. M.C.ASHI |
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.12.2021, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.4008 of 2021
2
ORDER
After hearing both sides, when the Court was disinclined to quash the proceedings as the defacto complainant had sustained very serious injuries, the learned counsel submits that he wants to withdraw
the Crl.M.C, enabling to move the trial court for appropriate reliefs.
Crl.M.C is allowed to be withdrawn. Dismissed as withdrawn.
Sd/-
K.HARIPAL
JUDGE
Jms/01.12
//True Copy// P.A to Judge
Crl.M.C.No.4008 of 2021
3
| APPENDIX OF CRL.MC 4008/2021 | |
|---|---|
| PETITIONER ANNEXURE | |
| Annexure A1 | THE TRUE COPY OF THE FIR IN CRIME NO.30/2018 OF TIRUR POLICE STATION, MALAPPURAM DISTRICT. |
| Annexure A2 | THE CERTIFIED COPY OF THE RELEVANT PAGES OF THE CHARGE SHEET IN CRIME NO.30/2018 OF TIRUR POLICE STATION. |
| Annexure A3 | THE AFFIDAVIT SOLEMNLY AFFIRMED BY THE 2ND RESPONDENT/DE FACTO COMPLAINANT DATED 09.08.2021. |
SARAFUDHEEN.T.
SHAMIL.P.
HAMZA.K.P.
HASSAINAR.E.V.
STATE OF KERALA
SHAHID
K. HARIPAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
