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High Court of KeralaCrl.MC/2206/2015allowed

Sujeesh Babu v. State Of Kerala

2015-04-17Honourable Mr.Justice K.Surendra Mohan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN FRIDAY, THE 17TH DAY OF APRIL 2015/27TH CHAITHRA, 1937 Crl.MC.No. 2206 of 2015 () --------------------------- CC 315/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PAYYANNUR CRIME NO. 120/2013 OF PAYANGADI POLICE STATION, KANNUR ------------------ PETITIONER/ACCUSED NO.8 :

-------------------------------------------- SUJEESH BABU P.K.

S/O.DAMODHARAN, AGED 23 YEARS PULLOOKKARAMMAL HOUSE, ARATHIPARAMBA CHERUTHAZHAM, P.O.NAREEKAMVALLI, KANNUR DISTRICT. BY ADV. SRI. I.V. PRAMOD RESPONDENTS/RESPONDENTS :

-------------------------------------------------

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

2. VINU THOMAS, S/O.MICHEL, AGED 21 YEARS THUNDATHIL HOUSE, PATTUVAM AMSOM & DESOM, KULAKKATTUVAYAL P.O., KANNUR DISTRICT-670652. R1 BY PUBLIC PROSECUTOR SMT. P.M. SANEER R2 BY ADV. SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 17-04-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/-

Crl.MC.No. 2206 of 2015 () APPENDIX PETITIONERS' ANNEXURES :

ANNEXURE A1 : A CERTIFIED COPY OF THE FINAL REPORT IN CC NO. 315/2013 OF JFCM COURT, PAYYANUR.

ANNEXURE A2 AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 26/7/2014.

ANNEXURE A3 TRUE COPY OF THE OFFER LETTER ISSUED TO THE PETITIONER FROM THE OFFICE OF DIGP DATED 30.4.2014. RESPONDENT'S ANNEXURES : NIL //TRUE COPY// P.A. TO JUDGE Mn

K.SURENDRA MOHAN, J.

----------------------------------------- Crl.M.C.No.2206 of 2015 ----------------------------------------- Dated this the 17th day of April, 2015

ORDER

The petitioner, 8th accused in Crime No.120/2013 of Payangadi Police Station, Kannur, which is pending as C.C.No.315/2013 of the Judicial First Class Magistrate's Court, Payyannur, seeks quashing of all further proceedings against him. The offences charged against the petitioner and others are under section 143, 147, 148, 341, 323, 324, 506 (i) r/w 149 IPC. According to the petitioner, the crime happened to be charged in relation to certain violent incidents that had taken place between two groups of various different parties. The issues according to the petitioner have been settled. Annexure-A2 is the affidavit filed by the injured testifying to the above facts and stating that he has no further complaints in the matter. It is also submitted that the petitioner has got employment in the Central Reserve Police Force (CRPF).

2. The Public Prosecutor reports that, there is no other case pending against the 8th respondent.

Crl.M.C.No.2206 of 2015

3. Since the dispute between the injured and the petitioner has been settled, I am satisfied that the proceedings the against the petitioner are required to be quashed.

In view of the above, all further proceedings in Crime No.120/2013 of Payangadi Police Station, Kannur pending as C.C.No.315/2013 of the Judicial First Class Magistrate Court, Payyannur are quashed. It is made clear that, the proceedings shall continue against the other accused.

K.SURENDRA MOHAN, JUDGE.

rkc.