Hamza v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID MONDAY, THE 2ND DAY OF MARCH 2015/11TH PHALGUNA, 1936 Crl.MC.No.1112 of 2015 () -------------------------- AGAINST THE ORDER IN CC 528/2014 of J.F.M.C., PONNANI IN CRIME NO. 27/2005 OF PERUMPADAPPU POLICE STATION , MALAPPURAM ----------------------------------------------------------- PETITIONER(S)/ACCUSED :
---------------------------------------- HAMZA S/O.MOMU, ALUNGAL HOUSE, AYIROOR PUTHIYIRUTHI, MALAPPURAM DISTRICT BY ADV. SRI.BABU S. NAIR RESPONDENT(S)/STATE & DEFACTO COMPLAINANT:
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1. THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031 FOR THE SUB INSPECTOR OF POLICE PERUMBADAPPU POLICE STATION, MALAPPURAM DISTRICT
2. ALI, S/O.MOIDU KOTTAPURATH HOUSE, AYIROOR AMSOM, PUTHIYIRUTHI DESOM PALAPETTY, PONNANI TALUK, MALAPPURAM DISTRICT PIN - 676 579.
R1 BY PUBLIC PROSECUTOR SMT.S.HYMA R2 BY ADV. SMT.M.LISHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VS
Crl.MC.No.1112 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE A - TRUE COPY OF THE CHARGE IN CRIME NO.27/2005 OF THE PERUMBADAPPU POLICE STATION ANNEXURE B - TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT DATED, 13.2.2015 RESPONDENT(S)' EXHIBITS NIL --------------------------------------- /TRUE COPY/ PA TO JUDGE VS
P.UBAID, J --------------------------------------- Crl.M.C.No.1112 of 2015 ---------------------------------------- Dated this the 2nd day of March, 2015
ORDER
The petitioner herein is one of the accused in Crime.No.27 of 2005 of the Perumbadappu Police Station. The other accused faced trial before the learned Magistrate in C.C.No.528/2014, and obtained a judgment of acquittal, when all the material witnesses turned hostile to the prosecution in view of an amicable settlement made by the parties. The case against the petitioner was refiled as C.C.No.528/2014, when he consistently remained absent. He seeks orders quashing the prosecution against him on the ground of acquittal of the others. The defacto complainant in this case is one Ali, S/o. Moidu. He is the 2nd respondent herein. He has filed affidavit to the effect that, he has settled the whole dispute with the petitioner also, and he has no grievances or complaint. This case doesn't involve any public interest. The parties are now on quite cordial terms. In such a situation, it would be a sheer wast of time to proceed with
Crl.M.C.No.1112 of 2015 the prosecution against the petitioner. Nobody will support the prosecution, if the case goes to trial. In the result, this petition is allowed. The prosecution against the petitioner in C.C.No.528/2014, of the Judicial First Class Magistrate Court, Ponnani ( in Crime No.27/2005, of the Perumbadappu Police Station) will stand quashed under Section 482 of the Code of Criminal Procedure.
Sd/- P.UBAID JUDGE /TRUE COPY/ PA TO JUDGE vs