Nidheesh v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 28TH DAY OF SEPTEMBER 2015/6TH ASWINA, 1937 Crl.MC.No. 6303 of 2015 --------------------------------- JUDGMENTDATED 28-08-2013 IN SC 100/2013 of ADDL. DISTRICT COURT, VADAKARA CRIME NO. 747/2006 OF VATAKARA POLICE STATION, KOZHIKODE ...........
PETITIONER(S)/ACCUSED:
-------------------------------------- NIDHEESH, AGED 34 YEARS, S/O.KUNHIKKANNAN, MUKKOLI MALAYIL HOUSE, NADAKKUTHAZHA AMSAM, PUTHUPPANAM DESAM, VATAKARA, KOZHIKODE DISTRICT, PIN-673 104.
BY ADVS.SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENT(S)/STATE D-FACTO COMPLAINANT AND INJURED: ---------------------------------------------------------------------------------------------
1. STATE OF KERALA, (REP. BY C.I. OF POLICE, VATAKARA POLICE STATION, VATAKARA, KOZHIKODE DISTRICT) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31.
2. SUDHEESH, AGED 34 YEARS, S/O.SURENDRAN, MUDIRAKKALIL HOUSE, NADAKKUTHAZHA AMSAM, PUTHUPPANAM DESAM, VATAKARA KOZHIKODE DISTRICT, PIN-673 104.
3. SURENDRAN, AGED 56 YEARS, S/O.KELAN, MUDIRAKKALIL HOUSE, NADAKKUTHAZHA AMSAM, PUTHUPPANAM DESAM, VATAKARA, KOZHIKODE DISTRICT, PIN-673 104.
R1 BY PUBLIC PROSECUTOR SMT.P.MAYA R2 & R3 BY ADV. SRI.R.RAJESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/
Crl.MC.No. 6303 of 2015 ---------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE I- CERTIFIED COPY OF THE FINAL REPORT FILED BY VATAKARA POLICE IN CRIME NO.747/2006, NOW PENDING BEFORE ADDL. DISTRICT COURT, VATAKARA AS SC 788/2013 AGAINST THE PETITIONER. ANNEXURE II- TRUE COPY OF THE JUDGMENT DATED 28.09.2013 IN SC 100/2013 OF ADDL. DISTRICT AND SESSIONS COURT, VATAKARA.
ANNEXURE III- ORIGINAL OF THE JOINT AFFIDAVIT SWORN BY THE RESPONDENT 2 AND 3.
RESPONDENT(S)' ANNEXURES:
NIL //TRUE COPY// P.S.TO JUDGE Msv/
B. KEMAL PASHA, J.
................................................................ CRL. M.C. No. 6303 of 2015 ............................................................... Dated this the 28th day of September, 2015
O R D E R
Originally, the petitioner was the 8th accused in Crime No.747/2006 of the Vatakara Police Station registered for the offences punishable under Sections 143, 147, 148, 450, 324, 326, 427 and 307 of the Indian Penal Code read with Section 149 IPC, and Sections 3 and 5 of the Explosive Substances Act, 1908.
2.
As the petitioner was absconding, the case against the other seven accused was committed to the Sessions Court and the case was numbered as S.C.No.100/2013. The said sessions case ended in an acquittal.
3.
According to the petitioner, the case against him
CRL.M.C.No. 6303 of 2015 -: 2 :- was split up by the committal court and presently it is pending as S.C.No.788/13 before the Additional District Court, Vatakara.
4.
It is the case of the petitioner that no purpose will be served by proceeding with the trial as the other case has ended in acquittal. Those mattes do not weigh this Court at present. It is true that a settlement has been arrived at between the parties in a grave offence like this; but this Court cannot accept or approve any such settlement arrived at between the parties. When the matter has been settled between the parties, the court below can take the case out of turn and schedule it for trial.
With the said observation, this Crl.M.C. is disposed of. Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge