Nasar v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937 Crl.MC.No. 4988 of 2014 () --------------------------- SC.NO. 441/2014 OF ADDL. SESSIONS COURT (MARAD CASES), KOZHIKODE CRIME NO. 300/2010 OF VALAYAM POLICE STATION, KOZHIKODE ---------------------- PETITIONERS/ACCUSED :
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1. NASAR PARAYARAT, THANAKOTTOR P.O., CHAKKIYAD NADAPURAM, KOZHIKODE DISTRICT.
2. AFSAL S/O/. HABEEB HAJI, UDAYOTH KUNNUMAL HOUSE THANAKOTOOR P.O., CHAKKIAD, NADAPURAM KOZHIKODE DISTRICT.
3. FARHAN S/O. ASARAF, KUNHIPARAMBATH HOUSE, THANAKOTOOR P.O. CHAKKIYAD, NADAPURAM, KOZHIKODE DISTRICT.
4. SHARAFUDEEN S/O. KASIM, NELLIGAT HOUSE, THANAKOTOOR P.O.
CHAKKIYAD, NADAPURAM, KOZHIKODE DISTRICT.
BY ADVS.SRI.K.RAKESH ROSHAN SMT.THUSHARA V.
RESPONDENTS/RESPONDENTS :
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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM - 682 031 (CRIME NO. 300/2010 OF VALLAYAM POLICE STATION NOW PENDING AS S.C NO. 441/2014 OF ADDITIONAL AND SESSIONS COURT KOZHIKODE (MARAD CASES)
2. RAVEENDREAN, S/O. KANARAN, AGED 45 YEARS RESIDING AT PARAYARAT, THANAKOTOOR P.O.
CHAKKIYAD, NADAPURAM, KOZHIKODE DISTRICT PIN - 673 101.
Crl.MC.No. 4988 of 2014 () -2- *ADDL. R3 TO R7 IMPLEADED ------------------------------------------- *ADDL.R3.
GEETHA AGED 34 YEARS, W/O. RAVINDRAN PARAYARATT HOUSE, THANAKKOTTOOR P.O., CHEKKIAD, KOZHIKODE DISTRICT, PIN - 673 509.
*ADDL.R4.
LEELA, W/O. CHANDRAN, AGED 40 YEARS, MEENCHERRY KUZHIYIL HOUSE THANAKKOTTOOR P.O., KOZHIKODE DISTRICT, PIN - 673 509.
*ADDL.R5.
ANITH AGED 33 YEARS, W/O. ANIL KUMAR CHELATHOTTIL HOUSE, KALLUNIRA KOZHIKODE DISTRICT, PIN - 673 510.
*ADDL.R6.
VEISHNAV AGED 20 YEARS, S/O. RAVINDRAN PARAYARATT HOUSE, THANAKKOTTOOR, KOZHIKODE DISTRICT, PIN - 673 509.
*ADDL.R7.
PARU, W/O. KANARAN, AGED 80 YEARS PARAYARATT HOUSE, THANAKOTTOOR, KOZHIKODE DISTRICT, PIN - 673 509.
*ADDL. R3 TO R7 ARE IMPLEADED AS PER ORDER IN CRL.M.C. NO. 11172/14 DATED 02/06/2015.
R1 BY PUBLIC PROSECUTOR SMT. S. HYMA R2 & ADDL.R3 TO R7 BY ADV. SRI.MANSOOR B.H.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ...3/-
Crl.MC.No. 4988 of 2014 () APPENDIX PETITIONERS' ANNEXURES :
ANNEXURE 1 : COPY OF THE FIR AND CHARGE FILED IN CRIME NO. 300/2010 OF VALAYAM POLICE STATION NOW PENDING BEFORE THE ADDL. SESSIONS COURT, MARAD CASES, KOZHIKODE AS SC NO. 441/2014.
ANNEXURE 2 COPY OF THE ORIGINAL OF THE AFFIDAVIT SWORN BY THE RESPONDENT NO. 2.
ANNEXURE 3 ORIGINAL COPY OF THE JOINT AFFIDAVIT OF THE RESPONDENT 3 TO 7.
ANNEXURE 4 COPY OF THE FSL REPORT.
ANNEXURE 5 COPY OF THE WITNESS LIST.
RESPONDENT'S ANNEXURES : NIL //TRUE COPY// P.S. TO JUDGE Mn
ALEXANDER THOMAS, J.
----------------------------- Crl.M.C.No.4988 Of 2014 --------------------------------- Dated this the 2nd day of June, 2015.
O R D E R
The petitioners herein are the accused in S.C.No.441/2014 on the file of the Additional Sessions Court (Marad Cases), Kozhikode, for the offence alleged under Secs.143, 147, 148, 452, 427 r/w 149 IPC and Sec.4 of the Explosive Substances Act. The case arose out of Crime No.300/2010 of Valayam Police Station in which the police after investigation filed the impugned Annexure-1 Final Report/Charge Sheet which has led to the above said sessions case. The allegation raised by the defacto complainant is that the accused persons along with some others trespassed into the house of the 2nd respondent (defacto complainant) and blasted some explosives near to his house and caused damages to the tune of Rs.20,000/-.
::2::
Crl.M.C.No.4988 Of 2014 impugned criminal proceedings. It is in the light of these aspects, the petitioners have preferred the instant Crl.M.C seeking the prayer for quashment of the impugned criminal proceedings. 2.
After having heard all the parties concerned and on a perusal of the averments in the petition as well as a close scrutiny of the affidavit sworn to by the contesting respondent No.2 and after hearing his counsel as well as the learned Public Prosecutor, this Court is of the considered opinion that the prayer for quashment could be considered in the light of the legal principles well settled by the Apex Court in this regard.
3.
Accordingly, it is ordered that the impugned Annexure-1 Final Report/Charge Sheet filed in Crime No.300/2010 of Valayam Police Station which has led to the pendency of S.C.No.441/2014 on the file of the Additional Sessions Court (Marad Cases), Kozhikode and all further proceedings arising therefrom pending against the petitioners stand quashed under Sec. 482 of the Code of Criminal Procedure. With these observations and directions, this Crl.M.C stands finally disposed of.
ALEXANDER THOMAS, Judge.
bkn/-