Ajay Singh v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937 Crl.MC.No.842 of 2015 -------------------------------- CRIME NO.48/2015 OF MUNAMBOM POLICE STATION,ERNAKULAM. ...

PETITIONERS/ACCUSED 1 & 2:

--------------------------------------------- 1.

AJAY SINGH,AGED 35 YEARS,S/O.NAND SINGH, H.Q.SOUTHERN NAVAL COMMAND, C.T.O DIVING,NAVAL BASE,KOCHI.

2.

GOPAL SINGH,AGED 22 YEARS, VILLAGE POST OFFICE KRISHNA COLONY, FLAT NO.67,BHIWANI,HARYANA.

BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY RESPONDENTS/STATE/DEFACTO COMPLAINANT/VICTIMS: -------------------------------------------------------------------------------------- 1.

STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682031.

(CRIME NO.48/2015 OF MUNAMBAM POLICE STATION, ERNAKULAM DISTRICT).

2.

SHAIJU,AGED 31 YEARS,S/O.SHAJU,KARUVELIPARAMBIL, PACHALAMKARA,POTTAKUZHY CROSS ROAD, PACHALAM VILLAGE,KANAYANNUR TALUK, ERNAKULAM DISTRICT-682012.

3.

ANISHA,AGED 26 YEARS,W/O.SHAIJU KARUVELIPARAMBIL, PACHALAMKARA,POTTAKUZHY CROSS ROAD, PACHALAM VILLAGE,KANAYANNUR TALUK, ERNAKULAM DISTRICT-682012.

4.

VIMAL KUMAR,S/O.VIKRAMAM,KAYAPPILLY PARAMBU, SWAMIPPADI,ELAMAKKARA VILLAGE, KANAYANNUR TALUK,ERNAKULAM DISTRICT-682012.

R1 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN. R2 TO R4 BY ADV.SRI.VINOD KUMAR.C THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

pk

Crl.MC.No.842 of 2015 -------------------------------- APPENDIX PETITIONER'S ANNEXURES:

---------------------------------------- ANNEXURE I:

CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.48/2015 OF MUNAMBAM POLICE STATION.

ANNEXURE II:

AFFIDAVIT SWORN BY THE SECOND RESPONDENT DATED 4.2.2015.

ANNEXURE III:

AFFIDAVIT SWORN BY THE THIRD RESPONDENT DATED 4.2.2015.

ANNEXURE IV:

AFFIDAVIT SWORN BY THE FOURTH RESPONDENT DATED 4.2.2015.

RESPONDENT'S ANNEXURES:

NIL -------------------------------------------- //TRUE COPY// P.S. TO JUDGE pk

K. ABRAHAM MATHEW, J.

--------------------------- Crl.M.C. No.842 of 2015 -------------------------------------------- Dated this the 2nd day of June 2015

O R D E R

Petition filed under Sec.482 Cr.P.C.

2. Petitioners are accused in C.C. No.671 of 2015 on the file of the Judicial First Class Magistrate Court, North Paravur. They are alleged to have committed the offences under Secs.323, 324, 326 and 354 read with Sec.34 of Indian Penal Code. It is submitted that the matter has been settled. The prayer is to quash the proceedings in the criminal case.

3. Heard the learned counsel for the petitioners, respondents 2 to 4 and the learned Public Prosecutor.

4. I have perused the affidavits filed by respondents 2 to 4. I am satisfied that the allegations are true and no public interest is involved in this case. In the result, this Crl.M.C. is allowed. The proceedings in C.C. No.671 of 2015 on the file of the Judicial First Class Magistrate Court, North Paravur are

Crl.M.C. No.842 of 2015 2 quashed. If any material objects have been produced in this case, the learned Magistrate is directed to dispose them of.

Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge