Petition sought quashing of long-pending case LP No.228/2013 from Crime No.955/2011 of Tirur Police Station. The trial court reported the case was committed to the Sessions Court on 22.12.2016 and no longer pending before it. The High Court disposed of the petition with liberty to challenge further if any grievance remained.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 24TH DAY OF JULY 2024 / 2ND SRAVANA, 1946
CRL.MC NO. 554 OF 2016
CRIME NO.955/2011 OF Tirur Police Station, Malappuram
AGAINST THE ORDER/JUDGMENT DATED IN LP NO.228 OF 2013 OF ASSISTANT
SESSIONS COURT/SUB COURT/COMMERCIAL COURT, TIRUR
PETITIONERS:
SHAMEER
AGED 24 YEARS
S/O SHARAFUDEEN, RESIDING KAMMOONTEPURAKKAL HOSUE, P.O.
KUTTAYI, TIRUR TALUK, MALAPPURAM DISTRICT.
BY ADVS.
SRI.J.R.PREM NAVAZ
SRI.P.T.SHEEJISH
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.2 NASIUL NAJU AGED 19 YEARS S/O SIDIQUE RESIDING AT MULAYAMPARAMBIL HOSUE, P.O. NADUVATTOM, NADUVATTOM AMSOM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT.3 MUHAMMED SUHAIL AGED 18 YEARS S/O ABDUL RASAQ, RESIDING AT KOTTAMPARA KAMBATHU HOUSE, KOLATHOL P.O., NADUVATTOM AMSOM DESOM, TIRUR TALUK MALAPPURAM DISTRICT.4 RASHID AGED 19 YEARSS/O ALAVI, RESIDING AT PEZHUMKATTIL VEEDU, KOLATHOL
P.O., NADUVATTOM, NADUVATTOM AMSOM DESOM, TIRUR TALUK,
MALAPPURAM DISTRICT.
BY ADV SRI.AJOY VENU
OTHER PRESENT:
SMT.NIMA JACOB, PP
Crl.M.C.No.554 of 2016 2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 24.07.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.554 of 2016 3
P.V.KUNHIKRISHNAN, JUDGE
=========================
Crl.M.C.No.554 of 2016
==========================
Dated this the 24th day of July, 2024
ORDER
This Criminal Miscellaneous Case is filled to quash the
proceedings in L.P.No.228/2013 on the file of Judicial First Class Magistrate Court, Tirur arising from Crime No. 955/2011 of the Tirur Police station.
“The Station House Officer Tirur Police Station registered a case in crime 955/2011 against Sri.Shameer S/o Sharafudheen Kammoontepurackkal, Kuttayi under section 377 IPC and 23 of Juvenile Justice Act 2000. The SHO Tirur subsequently filed final report in that crime and same was taken on file
Crl.M.C.No.554 of 2016 4
as CP 96/2012. The said case was transfered to the register of long pending cases as LP228/2013 on 2604-2013, as the said accused Shameer was absconding. Thereafter the said accused surrendered before this court and the case was again taken on file as CP 131/2016. The said case was committed to Hon'ble Sessison Court Manjeri on 22-12-2016. In these circumstances, I humbly report that LP228/2013(Tirur Police Station Crime 955/2011) is now not pending before this court.”
With the above observation, this Criminal Miscellaneous Case is disposed of.
Sd/P.V.KUNHIKRISHNAN
JUDGE
vnk/-
Crl.M.C.No.554 of 2016 5
APPENDIX OF CRL.MC 554/2016
PETITIONER’S ANNEXURES :-
ANNEXURE ATRUE COPY OF THE FINAL REPORT IN
L.P.NO.228/2013 ON THE FILES OF THE COURT
OF JUDICIAL FIRST CLASS MAGISTRATE COURT
TIRUR.
ANNEXURE B THE AFFIDAVIT SOLEMNLY AFFIRMED BY THE
SECOND RESPONDENT.
ANNEXURE CTHE AFFIDAVIT SOLEMNLY AFFIRMED BY THE
THIRD RESPONDENT.
ANNEXURE DTHE AFFIDAVIT SOLEMNLY AFFIRMED BY THE
FOUTH RESPONDENT.
1 issue framed by the court
Whether the proceedings in L.P.No.228/2013 arising from Crime No.955/2011 could be quashed when the case had already been committed to the Sessions Court.
2 provisions across 2 enactments
Shameer
State of Kerala represented by Public Prosecutor
Nasiul Naju
Muhammed Suhail
Rashid
P.V.KUNHIKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court