Sadique Ali vs State Of Kerala
2021 Latest Caselaw 6849 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

    FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942

                      Crl.MC.No.459 OF 2021(F)

   LP 66/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I, MANJERI

     CRIME NO.970/2012 OF MANJERI POLICE STATION, MALAPPURAM


PETITIONER/ACCUSED:

             SADIQUE ALI, AGED 28 YEARS,
             S/o KUNJI MUHAMMED,
             PARAMBAN HOUSE, IRIMBUZHI P.O., KANNAMKULAM,
             MALAPPURAM.

             BY ADVS.SHRI.S.JAYANT
                     SRI.V.HARIKRISHNAN

RESPONDENTS/STATE:

      1      STATE OF KERALA,
             REPRESENTED BY ITS PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.

      2      JINESH.K.K, AGED 32 YEARS,
             RESIDING AT KANNAMKULATHINGAL HOUSE,
             IRIMBUZHI, MALAPPURAM-676509.




             R2 BY ADV. VARGHESE SABU
             R1 BY PUBLIC PROSECUTOR SRI.E.C.BINEESH



     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD          ON
26.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.459 of 2021                 2




                                   ORDER

The matter is settled out of court. The offences

alleged are under Sections 323, 324 r/w Section 34 IPC.

The case was split up against accused No.1, the

petitioner. The other accused faced trial and were

acquitted. Annexure A4 is the affidavit sworn by the

defacto complainant settling the issue. Hence, the FIR

and the final report against the petitioner are hereby

quashed.

Crl.M.C. is allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE DMR/-

APPENDIX PETITIONER'S ANNEXURES:

ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO.970 OF 2012 OF MANJERI POLICE STATION.

ANNEXURE A2 TRUE COPY OF FINAL REPORT IN C.C.NO.194/2013 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MANJERI.

ANNEXURE A3 TRUE COPY OF JUDGMENT IN C.C.NO.194/2013 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MANJERI DATED 16.06.2015.

ANNEXURE A4 THE AFFIDAVIT SWORN IN BY THE 2ND RESPONDENT DATED 28.12.2020.

ANNEXURE A5 TRUE COPY OF THE AFFIDAVIT SWORN BY 2nd WITNESS IN C.C.No.194/2013 BEFORE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, MANJERI DATED 27.01.2021.

ANNEXURE A6 TRUE COPY OF THE AFFIDAVIT SWORN BY 3rd WITNESS IN C.C.No.194/2013 BEFORE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, MANJERI DATED 26.01.2021.

RESPONDENTS' ANNEXURE: NIL

// TRUE COPY //

P.A. TO JUDGE