Shoukath Ali v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 8TH DAY OF JULY 2015/17TH ASHADHA, 1937 Crl.MC.No. 4030 of 2015 --------------------------------- SC 105/2014 OF DISTRICT & SESSIONS COURT,THALASSERY CRIME NO. 983/2012 OF PAYYANNUR POLICE STATION, KANNUR PETITIONER(S)/ACCUSED:
-------------------------------------- SHOUKATH ALI M.T.P., AGED 32 YEARS, S/O.MUHAMMED, MANAKKATTU THEKKE PURAYIL, VADAKKUMPAD, THRIKKARIPUR, KASARAGOD DISTRICT.
BY ADV. SRI.I.V.PRAMOD RESPONDENT(S)/STATE & DEFACTO COMPLAINANT:
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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. SHAHANAD K.P., AGED 19 YEARS, S/O.SHAJAHAN, THEKKEPURATH HOUSE, VADAKKEKOVVAL, POST UDINUR, KASARAGOD DISTRICT - 670 516.
R1 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN R2 BY ADV. SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/
Crl.MC.No. 4030 of 2015 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:
ANNEXURE-A1: CERTIFIED COPY OF CHARGE/FINAL REPORT DATED 27.2.2013 IN SC NO.105/2014 OF THE DISTRICT AND SESSIONS COURT THALASSERY, KANNUR DISTRICT IN CRIME NO.983/2012 OF PAYYANNUR POLICE STATION.
ANNEXURE-A2: A TRUE COPY OF THE ORDER IN CRL.M.C.NO.2081/2014 DATED 7/4/2014 OF THIS HON'BLE COURT.
ANNEXURE-A3: THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 18/12/2014.
RESPONDENT(S)' ANNEXURES:
NIL //TRUE COPY// P.S.TO JUDGE Msv/
K. ABRAHAM MATHEW, J.
--------------------------- Crl.M.C. No.4030 of 2015 -------------------------------------------- Dated this the 8th day of July 2015
O R D E R
Petition filed under Sec.482 Cr.P.C.
2. Petitioner is accused in S.C. No.105 of 2014 on the file of the Sessions Court, Thalassery. He is charged with having committed the offences under Secs.279, 367 and 377 of the Indian Penal Code. It is submitted that the matter has been settled. The request is to quash the proceedings in the criminal case.
3. Heard the learned counsel for the petitioner and for the 2nd respondent and the learned Public Prosecutor.
4. I have perused the affidavit filed by the second respondent and the order passed in Crl.M.C. No.2081 of 2014. This court took the view that the facts of the case do not attract Sec.377 IPC. The learned Judge also expressed a doubt whether Sec.367 IPC will be attracted. Now the matter has been settled. I am satisfied that no public interest is involved in this case. This is a fit
Crl.M.C. No.4030 of 2015 2 case to invoke the jurisdiction of this Court under Sec.482 Cr.P.C. to quash the proceedings in the criminal case. In the result, this Crl.M.C. is allowed. The proceedings in S.C. No.105 of 2014 on the file of the Sessions Court, Thalassery are quashed.
Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge