Mohammed Navas v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 4TH DAY OF NOVEMBER 2015/13TH KARTHIKA, 1937 Crl.MC.No. 6465 of 2015 --------------------------- CC 100/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, HOSDRUG. ....
PETITIONER(S)/ACCUSED:
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1. MOHAMMED NAVAS P.M, S/O.ABDULLA P.M. (LATE), AGED 28 YEARS, GLASS (H), WARD NO.35/13, KOTTAKUNNU, BAKEL PALLIKARA VILLAGE, KASARGOD DISTRICT.
2. MOHAMMED SHAMEEM P.M, S/O.ABDULLA P.M. (LATE), AGED 32 YEARS, GLASS (H), WARD NO.35/13, KOTTAKUNNU, BAKEL PALLIKARA VILLAGE, KASARGOD DISTRICT.
3. ROJAN P.A.,S/O.ANTONY, AGED 39, PANDARAPARAMBIL HOUSE, CHERUKAPARA, PANAYAL VILLAGE, KASARGOD.
4. HAMSA M, S/O.ABDULLA, AGED 44 YEARS, KUNNUCHI HOUSE, PANAYAL VILLAGE, KASARGOD.
BY ADVS.SMT.R.LEELA SMT.U.S.SARITHA RESPONDENT(S)/STATE & DEFACTO COMPLAINANT (INJURED): --------------------------------------------------------------------------------------------
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. SHAREEF, AGED 35 YEARS, S/O.ABBAS BEKAL SALAMATH, B.S.HOUSE, 13/460, P.O.PALLIKARE KASARGOD DISTRICT - 670 101.
R1 BY PUBLIC PROSECUTOR SMT.P.MAYA R2 BY ADV. SMT.P.I.SHAMLATH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No. 6465 of 2015 --------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:
------------------------------------------ ANNEXURE-A1:
THE CERTIFIED COPY OF THE FINAL REPORT/CHARGE SHEET FILED BEFORE THE JFCM - II, HOSDURG IN C.C. NO.100/2014 DATED 28.11.2013.
ANNEXURE-A2:
THE AFFIDAVIT DATED 15.9.2015 SWORN BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT.
RESPONDENT(S)' ANNEXURES:
NIL --------------------------------------------- //TRUE COPY// P.S. TO JUDGE mbr/
B. KEMAL PASHA, J.
````````````````````````````````````````````````````````````` Crl.M.C. No.6465 of 2015 C ````````````````````````````````````````````````````````````` Dated this the 4th day of November, 2015
O R D E R
~ ~ ~ ~ ~ ~ Petitioners are the accused in CC No.100/2014 of the Judicial First Class Magistrate's Court-II, Hosdurg, which has arisen from Crime No.827/2013 of Bekal Police Station for the offences punishable under Sections 342, 323 and 363 read with Section 34 IPC.
2.
According to the petitioners, the matter has been amicably settled between them and the de facto complainant in the case. The de facto complainant has filed Annexure-A2 affidavit affirming that the matter has been amicably settled between the parties and that he has no complaints against the petitioners.
3.
Whatever it is, the allegations levelled against the petitioners are very grave and serious. A clear case of
Crl.M.C.6465/2015 : 2 :
abduction is alleged. It is also alleged that the de facto complainant, who was abducted, was confined for quite a long time. Considering the seriousness of the allegations against the petitioners, this Court is of the view that the settlement arrived at between the partis cannot be accepted or endorsed by this Court.
4.
At the same time, the court below can take note of the settlement arrived at between the parties, take the case out of turn, and dispose of it, expeditiously. With the said observations, this Crl.M.C. is dismissed. Sd/- (B.KEMAL PASHA, JUDGE) aks/04/11 // True Copy // PA to Judge