Kerala High Court
Fathah M.T vs State Of Kerala on 6 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
CRL.MC NO. 2745 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 953/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS
-II,HOSDRUG, KASARGOD
PETITIONER/ACCUSED NO.3:
FATHAH M.T.
AGED 30 YEARS
S/O ABDUL KHADER, MANGADU HOUSE, BARA VILLAGE, R/AT MANGAD HOUSE,
BARA VILLAGE, KASARAGOD DISTRICT
BY ADV A.ARUNKUMAR
RESPONDENTS/COMPLAINANT/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-
682 031.
2 BALACHANDRAN M.B.
AGED 48 YEARS
S/O LATE BAMBAN, MANAGAD, BARA VILLAGE AND POST, HOSDURG TALUK,
KASARAGOD DISTRICT-671315.
3 BABU M.B.
AGED 45 YEARS
S/O LATE BAMBAN, MANAGAD, BARA VILLAGE AND POST, HOSDURG TALUK,
KASARAGOD DISTRICT-671315.
4 MANIKANDAN M.B.
AGED 39 YEARS
S/O LATE BAMBAN, MANAGAD, BARA VILLAGE AND POST, HOSDURG TALUK,
KASARAGOD DISTRICT-671315.
BY ADV VIPIN T JOSE
OTHER PRESENT:
SRI.C.S.HRITHWIK-SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.07.2021, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.2745 OF 2021 2
O R D E R
Dated this the 6th day of July 2021
Petitioner is the third accused in Crime No.
593/2011 of Bekal Police Station. He was
absconding and the case against him was split up
and refiled. The accused Nos.1,2,4&5 faced trial
in C.C. No.1694 of 2014 on the file of the
Judicial First Class Magistrate Court-II,
Hosdurg and vide Annexure AIII judgment they
were all found not guilty and acquitted. The
case against the petitioner was refiled as C.C.
No.953 of 2019 and is presently pending before
the aforesaid court. The petitioner was
absconding and could not appear for trial. It
is stated that in view of the judgment at
Annexure AIII, there is absolutely no evidence
against the accused who faced trial and
therefore, the substratum of the prosecution
case has been lost. Moreover, the matter has
also been settled with the defacto complainant
and injured who are arrayed as respondents 2 to
4 herein. The party respondents have appeared
through counsel and filed affidavits to the
effect that the matter has been amicably
settled. In view of the fact that the rest of
the accused were acquitted after a full fledged
trial and the fact that the matter has been
amicably settled between the parties, I find
that no purpose will be served by proceeding
with the trial as against the petitioner alone.
There is no public interest involved. The
learned Public Prosecutor has got instructions
regarding the settlement of the case between the
injured and the accused.
In the result, the Crl.M.C is allowed. The
entire proceedings as against the petitioner in
Crime No.593/2011 of Bekal Police Station,
presently pending before the Judicial First
Class Magistrate Court-II, Hosdurg as C.C.
No.953/2019 stands quashed under Section 482 of
the CRPC and the accused is discharged and set
at liberty.
Sd/-
ASHOK MENON
JUDGE
al/-
APPENDIX OF CRL.MC 2745/2021
PETITIONER ANNEXURE
Annexure a1 CERTIFIED COPY OF THE F.I.R IN CRIME NO 593 OF 2011
OB BEKAL POLICE STATION, KASARAGOD
Annexure a11 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO 593
OF 2011 OF BEKAL POLICE STATION, KASARAGOD
Annexure a111 CERTIFIED COPY OF THE JUDGMENT DATED 2.1.2019 IN CC
NO 1694 OF 2014 OF JUDICIAL FIRST CLASS MAGISTRATE
-11, HOSDURG
Annexure a iv AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT
Annexure a v AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT
Annexure a vi AFFIDAVIT SWORN TO BY THE 4TH RESPONDENT
RESPONDENTS EXHIBITS : NIL
TRUE COPY
P.S TO JUDGE
AL/-
