A.Musthafa v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 15TH DAY OF OCTOBER 2015/23RD ASWINA, 1937 Crl.MC.No. 6558 of 2015 ---------------------------------- CRIME NO. 468/2015 OF BEKAL POLICE STATION, KASARGOD ........
PETITIONER(S)/ACCUSED NO.1:
---------------------------------------------- A.MUSTHAFA, AGED 35 YEARS, S/O.ANTTHAYI, PUTHIYAKADAPPURAM, P.O.PALLIKKARA, KASARAGODE DISTRICT.
BY ADVS.SRI.K.C.SANTHOSHKUMAR SMT.K.K.CHANDRALEKHA SMT.K.S.SUDHA SMT.C.LEENA RESPONDENT(S)/STATE & DEFACTO COMPLAINANT:
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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. THE ASSISTANT SUB INSPECTOR OF POLICE, BEKAL POLICE STATION, KASARAGODE DISTRICT.
3. ASHRAF T.A., S/O.AMU, KASARA MANZIL, THOTTIYIL VEEDU, HADAD NAGAR, PALLIKKARA, P.O. MAVVAL, KASARAGOD.
R1 & R2 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/
Crl.MC.No. 6558 of 2015 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:
ANNEXURE A- TRUE COPY OF THE FIRST INFORMATION REPORT. ANNEXURE B- TRUE COPY OF THE INTIMATION DATED 01.10.2015. RESPONDENT(S)' ANNEXURES:
NIL //TRUE COPY// P.S.TO JUDGE Msv/
B. KEMAL PASHA, J.
................................................................ Crl.M.C. No. 6558 of 2015 ............................................................... Dated this the 15th day of October, 2015
O R D E R
The first accused in Crime No.468/15 of the Bakel Police Station,Kasaragod has come up with the prayer to get the proceedings against him in the crime, quashed. Other five accused persons are also there in the matter. They have not turned up to approach this Court. It seems that the petitioner could procure a statement from the defacto complainant/injured that the petitioner was not present among the persons who attacked him.
2. The crime has been registered for the offences punishable under Sections 143, 147, 148, 341, 324, 326 and 308 of the Indian Penal Code read with Section 149 IPC. It seems that very serious allegations are levelled
Crl.M.C. 6558 of 2015 -: 2 :- against the accused in the crime. The learned Public Prosecutor has pointed out that the petitioner has also criminal antecedence on his part and he is involved in another criminal case also. This is not a matter that can be settled between the parties. The so-called settlement arrived at between the parties cannot be accepted and endorsed by this Court, especially when the first accused alone in the crime has approached this Court. 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. stands dismissed. Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge