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High Court of KeralaCrl.MC/6376/2015dismissed

Joyi v. Sanu

2015-12-10Honourable Mr. Justice B.Kemal Pasha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 10TH DAY OF DECEMBER 2015/19TH AGRAHAYANA, 1937 Crl.MC.No. 6376 of 2015 ----------------------------------- CRIME NO. 1119/2015 OF CHATHANNOOR POLICE STATION, KOLLAM ..........

PETITIONER(S)/1-4TH ACCUSED:

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1. JOYI, AGED 40 YEARS, S/O.VIJAYAN, RESIDING AT KARTHIA, KARAMKODU P.O., CHATHANOOR, KOLLAM DISTRICT.

2. BIJU, AGED 40 YEARS, S/O.KRISHNANKUTTY, RESIDING AT SASIKALA BHAVAN, MAMPALLYKUNNAM P.O., CHATHANOOR, KOLLAM DISTRICT.

3. RATHEESH, AGED 34 YEARS, RESIDING AT PANDARATHOPPIL, KARAMKODU P.O., CHATHANOOR, KOLLAM DISTRICT.

4. REJI, AGED 34 YEARS, RESIDING AT NANDANAM, MEENAMBALLAM, PLAVINMOODU, CHATHANOOR, KOLLAM DISTRICT.

BY ADV. SRI.V.A.AJIVAS RESPONDENT(S)/COMPLAINANTS:

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1. SANU, AGED 39 YEARS, S/O.CHANDRA MOHANAN, RESIDING AT RESHMA BHAVAN, NEAR HIGH SCHOOL MAYYANADU, MAYYANADU CHERRY, MAYYANADU VILLAGE, KOLLAM DISTRICT - 691 303.

2. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHATHANOOR POLICE STATION, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

R1 BY ADV. SMT.M.MANJU (KADAKKAL) R2 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

Crl.MC.No. 6376 of 2015 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

AI: TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.1119/2015 OF CHATHANOOR POLICE STATION.

A2: TRUE COPY OF AFFIDAVIT SWORN TO BY THE 1ST RESPONDENT RESPONDENT(S)' ANNEXURES:

NIL //TRUE COPY// P.S.TO JUDGE Msv/

B. KEMAL PASHA, J.

................................................................ Crl.M.C. No. 6376 of 2015 ............................................................... Dated this the 10th day of December, 2015

O R D E R

Petitioners are the accused in Crime No.1119/2015 of the Chathanoor Police Station, Kollam registered through Annexure A1 FIR, for the offences punishable under Sections 294(b), 341, 323, 452 and 324 read with Section 34 IPC.

2.

According to the petitioners, the matter has been amicably settled between them and the defacto complainant. An affidavit has been filed by the defacto complainant as Annexure A2 affirming that the matter has been amicably settled between him and the petitioners and that he has no complaints against the petitioners.

Crl.M.C. 6376 of 2015 -: 2 :- 3.

The learned Public Prosecutor has produced the report of the investigating officer stating that the petitioners are involved in a series of crimes. The 3rd accused is involved in a case under Sections 394 and 302 IPC and also another case involving offences punishable under Sections 307 and 302 IPC. The statement filed by the investigating officer is recorded. The same is self-speaking. The petitioners are not entitled to a premature termination of the criminal proceedings initiated against them in the matter. Matters being so, this Crl.M.C. is devoid of merits, and is only to be dismissed, and I do so.

In the result, this Crl.M.C. is dismissed.

Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge