Najmul Husain v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS FRIDAY, THE 3RD DAY OF JULY 2015/12TH ASHADHA, 1937 Crl.MC.No. 6220 of 2014 () --------------------------- CRIME NO. 123/2014 OF THODUPUZHA POLICE STATION, IDUKKI DISTRICT. .......

PETITIONERS/ACCUSED NOS. 1 & 2:

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1. NAJMUL HUSAIN, AGED 65 YEARS, S/O.K. MYTHEEN KUNJU, THOPPIL, MAYYANADU P.O., KOLLAM-691 303.

2. MOHAMMED MOOSA M.S., AGED 42 YEARS, S/O.M.M. SULAIMAN, MUNDACKALPUTHUPARAMBIL, MUNDAKAYAM P.O., KOTTAYAM-686 513.

BY ADVS.SRI.ASHIK K.MOHAMMED ALI, SMT.SAJNA T.UMMER.

RESPONDENTS/STATE, DEFACTO COMPLAINANT AND ACCUSED NO.4: --------------------------------------------------------------------------------------------------------

1. STATE OF KERALA, REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE, THODUPUZHA, IDUKKI DISTRICT, (THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM).

2. DR.V.K. SHIHABUDEEN, AGED 40 YEARS, S/O.LATE V.P. KHAN, RESIDING AT VAYALUNKAL HOUSE, BIRLA COLONY, KANJIRAPPALLY P.O., KOTTAYAM-686 507.

3. DR.DANNY VINCENT, SACRED HEART HOSPITAL, PAYNKULAM, THODUPUZHA, IDUKKI-685 584.

R1 BY PUBLIC PROSECUTOR SRI.GITHESH. R.

R2 BY ADVS. SRI.S.RAJEEV, SRI.K.K.DHEERENDRAKRISHNAN.

R3 BY ADVS. SRI.K.NARAYANAN (PARUR) SRI.DEEPAK JOY.K.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

ALEXANDER THOMAS, J.

================== Crl.M.C No.6220 of 2014 ================== Dated this the 3rd day of July, 2015

O R D E R

Sri. Ashik K. Mohamed Ali, learned counsel for the petitioner has filed a not pressed memo dated 26.6.2015 in this case, which reads as follows:

"The petitioners do not want to proceed with the above case as the matter is settled between the parties amicably and the petitioners intend to move a fresh petition for quashing the Complaint and the FIR on the basis of the compromise between the parties. Hence the above Criminal Miscellaneous Case may be dismissed as not pressed with liberty to file afresh on the basis of the compromise" 2.

Based on the above said memo, Sri. Ashik K. Mohamed Ali submits that that this case may be closed as not pressed with the liberty sought for in the memo.

In view of the submission of the petitioner based on the aforestated not pressed memo dated 26.6.2015, this Crl.M.C stands closed as not pressed with the above said liberty. sd/- sab ALEXANDER THOMAS, JUDGE

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