Aboobacker v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 11TH DAY OF NOVEMBER 2015/20TH KARTHIKA, 1937 Crl.MC.No. 6067 of 2015 () --------------------------- CRIME NO. 312/2015 OF MANJESWAR POLICE STATION, KASARGOD PETITIONER/ACCUSED:

---------------------- ABOOBACKER S/O.MOIDEENKUTTY, RESIDING AT KANTHILA HOUSE KARUDAPADAVU POST, VORKADY VILLAGE, MANJESWAR TALUK KASARAGOD DISTRICT BY ADV. SRI.P.K.MUHAMMED RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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

2. ABDUL SALAM S/O.ABOOBACKER, KANTHILA HOUSE, KURUDAPADAVU POST VORKADY VILLAGE, MANJESWAR TALUK KASARGOD DISTRICT 671322 R1 BY PUBLIC PROSECUTOR SMT.MAYA.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 6067 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS -------------------------- ANNEXURE A1:CERTIFIED COPY OF THE FIR FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT I, KASARAGOD IN CRIME NO. 312/2015 BY MANJESWAR POLICE ANNEXURE A2: TRUE COPY OF THE FIR FILED BEFORE THE CHIEF JUDICIAL MAGISTRATE'S COURT, KASARAGOD IN CRIME NO.318/2015 BY MANJESWAR POLICE ANNEXURE A3:TRUE COPY OF THE FIRST INFORMATION STATEMENT RECORDED FROM THE PETITIONER FROM THE MALIK DEENAR CHARITABLE HOSPITAL, KASARAGOD BY THE POLICE DATED 22.05.2015 ANNEXURE A4:TRUE COPY OF THE WOUND CERTIFICATE ISSUED TO ABDUL SALAM FROM KASARGOD DISTRICT CO OPERATIVE HOSPITAL SOCIETY LTD. AT KUMBALA DATED 21.05.2015 ANNEXURE A5:TRUE COPY OF THE WOUND CERTIFICATE ISSUED TO IBRAHIM FROM KASARGOD DISTRICT CO OPERATIVE HOSPITAL SOCIETY LTD. AT KUMBALA DATED 22.05.2015 ANNEXURE A6:TRUE COPY OF THE SCENE MAHAZAR PREPARED IN CRIME NO.312/2015 OF MANJESWAR POLICE RESPONDENT(S)' EXHIBITS :

NIL ------------------------- //True copy// P.A to Judge STU

B.KEMAL PASHA, J.

================ Crl.M.C. No. 6067 of 2015 ======================= Dated this the 11th day of November, 2015

O R D E R

The petitioner is challenging Annexure - A1 FIR in Crime No.312/2015 of the Manjeswar Police Station, Kasargod District. The petitioner is arraigned as the 1st accused in the crime, alleging offences punishable under Sections 143, 147, 148, 341, 324 and 308 read with Section 149 IPC.

2. According to the petitioner, he was attacked and he became seriously injured. He was hospitalized for five days, for which, Crime No.318/2015 of the Manjeswar Police Station was registered, for the offences under Sections 341, 323, 324 and 506(ii) read with Section 34 IPC. It is the case of the petitioner that the accused in Crime No.318/2015 have stage-managed the registration of the aforesaid crime against the petitioner herein.

Crl.M.C. No. 6067 of 2015

3. On hearing the learned counsel for the petitioner and the learned Public Prosecutor, this Court is of the view that it is too earlier to decide the merits or otherwise of the allegations against the petitioner. Let the matter be investigated.

With liberty to the petitioner to approach this Court once again on getting the final report, in case of any further grievance in the matter, this Crl.M.C is closed. Sd/- B.KEMAL PASHA, JUDGE stu