Basheer vs State Of Kerala Represented ...
2021 Latest Caselaw 1105 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

    TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

                    Crl.MC.No.8584 OF 2018(C)

AGAINST THE ORDER/JUDGMENT IN CC 1608/2013 OF JUDICIAL MAGISTRATE
                 OF FIRST CLASS -II,KOTTARAKKARA


PETITIONER/3RD ACCUSED:

             BASHEER
             AGED 68 YEARS
             S/O.ABID, ROSE COTTAGE, NEAR REETHU CHURCH, AYUR,
             KOLLAM DISTRICT-691 533

             BY ADVS.
             SRI.K.SIJU
             SMT.S.SEETHA

RESPONDENTS/COMPLAINANT & STATE:

      1      STATE OF KERALA REPRESENTED PUBLIC PROSECUTOR, HIGH
             COURT OF KERALA AT ERNAKULAM

      2      SHAMSUDHEEN,
             S/O. MUHAMMEDKANNU RAWTHER, SEENA MANZIL, KARAKKAL,
             KARALIKKONAM, ARKKANUR P.O.,ELAMADU VILAGE,
             KOTTARAKKARA-691 518

             PUBLIC PROSECUTOR SRI.K.B.UDAYAKUMAR

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD            ON
12.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.8584 OF 2018(C)          2




                              ORDER

The Order dated 07/01/2021 is recalled. Heard the

petitioner and the prosecutor. Nobody appeared on

behalf of the defacto complainant. It is submitted by

the petitioner that, it is pertaining to a dispute

between the husband and wife. A private complaint was

submitted, wherein no sufficient allegation much less

any allegation levelled against accused No.3. He was

unauthorizedly dragged into the case without any

sufficient reason. After trial the accused Nos.1 and

2 were acquitted, on the finding that there is no

material to establish the alleged crime. It is

submitted that since there is no specific allegation

regarding involvement of accused No.3, no purpose will

be served, if it is proceeded further. Hence the same

is quashed. Crl.M.C. is allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE

msp

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE-1 THE PRIVATE COMPLAINT AS CMP NO.11187/2005 FILED BEFORE THE JFCM-II, KOTTARAKKARA DATED 2.12.2005

ANNEXURE-2 THE CERTIFIED COPY JUDGMENT IN C.C.NO.163/2006 ON THE FILE OF JFCM- II,KOTTARAKKARA DATED 17.08.2013

ANNEXURE-3 THE CERTIFIED COPY OF DEPOSITION OF PW1 IN C.C.NO.163/2006

ANNEXURE-3 (A) THE CERTIFIED COPY OF DEPOSITION OF PW2 IN C.C.NO.163/2006

ANNEXURE-3 (B) THE CERTIFIED COPY OF DEPOSITION OF PW3 IN C.C.NO.163/2006

//TRUE COPY//

P.A. TO JUDGE