Tom Thomas v. Joy Mathew And Others
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS WEDNESDAY, THE 5TH DAY OF AUGUST 2015/14TH SRAVANA, 1937 WP(C).No. 32202 of 2011 (A) ---------------------------- ST.NO. 1031/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PALA -------------------- PETITIONER :
----------------------- ADV. TOM THOMAS, AGED 60 YEARS, S/O.N.J.THOMAS, A.M.THOMAS ROAD, ERNAKULAM, RESIDING AT VI/216-A, THRIKKAKARA, KOCHI-21.
BY ADVS.SRI.P.BABU KUMAR SRI.P.YADHU KUMAR RESPONDENT(S):
----------------------------
1. JOY MATHEW, STATION HOUSE OFFICER, PALA POLICE STATION, PALA P.O.,-686 575.
2. MR.SURENDRA MOHAN, ADDL.S.I. OF POLICE, PALA POLICE STATION, PALA P.O., -686 575.
3. SUPERINTENDENT OF POLICE, KOTTAYAM-686 001.
4. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695 001. R3 & R4 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN BY GOVERNMENT PLEADER SRI.GITHESH.R.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).NO.32202/2011 APPENDIX PETITIONER'S EXHIBITS:
P1 COPY OF THE CHARGE DATED 25/5/2009 P2 CERTIFIED COPY OF THE PROCEEDINGS DATED 19/10/09 TO 31/8/2011 P3 COPY OF THE COMPLAINT FILED BY THE PETITIONER DATED 1/11/2011 P4 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 14/11/2011 P5 COPY OF THE PROCEEDINGS IN CC.788/08 OF JFCM-II, KOCHI DATED 8/9/2008 TO 14/9/2011 P6 COPY OF THE PROCEEDINGS IN CC 691/09 OF JFCM-II, KOCHI DATED 25/1/2010 TO 17/1/2011 P7 COPY OF THE 'AADHAR' ISSUED BY UNIQUE IDENTIFICATION AUTHORITY OF INDIA DATED 30/11/2011 P8 COPY OF THE 161 STATEMENT OF CW2 DATED NIL P9 COPY OF THE 161 STATEMENT OF CW3 DATED 9/5/2009 P10 COPY OF THE 161 STATEMENT OF CW4 DATED 9/5/2009 RESPONDENT'S EXHIBITS:
NIL /TRUE COPY/ P.S.TO JUDGE sts
ALEXANDER THOMAS, J.
================== W.P.(C).No. 32202 of 2011 ================== Dated this the 5th day of August, 2015
J U D G M E N T
It is pointed out by Sri.P.Babu Kumar, learned counsel appearing for the petitioner that the Judicial First Class Magistrate's Court-I, Pala, has by order dated 14.9.2012 acquitted the petitioner herein in S.T.No.1031/2009, which is the impugned proceedings in this case, as the offence in question has been compounded out of court and the accused has been thus acquitted under Sec.329(8) of the Cr.P.C. A copy of the said proceedings has been produced as Ext.P-5 in connected W.P.(C).No. 21389/2015, which reads as follows:
"Order of acquittal of accused on compounding offences out of court under Section 320 (8), Criminal Procedure Code Dated - 14/09/12 Case No. - ST 1031/09 Proceedings of the Judicial 1st Class Magistrate of Pala District Kottayam Complainant: State-represented by the A.S.I. Accused: of Police, Pala in Cn.267/09 Next page Offence: Punishable u/s. 451, 341,325 IPC
ORDER
The offence having been compounded out of Court, the
W.P.(C).32202/11 - : 2 :- accused is/are acquitted under Section 320 (8), Criminal Procedure Code.
No material objects.
Sd/- Judicial 1st Class Magistrate-I Section of the Code under which punishable: u/s. 451, 341, 323 IPC Date of offence:
09/05/09 Date of complaint:
27/05/09 Date of appearance: 14/03/12 Date of order:
14/09/12 Accused Tom Thomas, Aged 63, S/o. Thomas, Nilakkappallil (H), Near Yanachura Temple, Kollamkudimugal Bhagom, Kakkanadu, Thrikkakkara Village, Ernakulam District.
Sd/- Judl. 1st Class Magistrate (Seal)"
In this view of the matter, this Writ Petition is only to be closed as nothing survives for consideration. Accordingly, this Writ Petition (Civil) stands closed.
Sd/- sdk+ ALEXANDER THOMAS, JUDGE ///True copy/// P.S. to Judge