Hari John Alias Kishore vs State Of Kerala
2021 Latest Caselaw 13117 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                  THE HONOURABLE MR. JUSTICE ASHOK MENON
         WEDNESDAY, THE 23RD DAY OF JUNE 2021 / 2ND ASHADHA, 1943
                          CRL.MC NO. 2670 OF 2021
  CRIME NO.1101/2010 OF Attingal Police Station, Thiruvananthapuram
 AGAINST THE ORDER/JUDGMENT IN CC 517/2013 OF JUDICIAL MAGISTRATE OF
                FIRST CLASS -I,ATTINGAL, THIRUVANANTHAPURAM
PETITIONER/S:

             HARI JOHN ALIAS KISHORE
             AGED 42 YEARS
             S/O. YOHANNAN, VADAKKATHIL VEEDU, MARAKKADU, KAPPIL,
             KRISHNAPURAM VILLAGE, KARTHIKAPALLY TALUK 690 516

             BY ADV M.R.SARIN



RESPONDENT/S:

     1       STATE OF KERALA
             REPRESENTED BY REPRESENTED THROUGH THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM PIN 682 031

     2       SHOOJA
             AGED 60 YEARS
             S/O MUHAMMED HANEEFA,HIBA, MAMOM, CHITTATTINKARA DESOM,
             KIZHUVILAM VILLAGE, CHIRAYINKIL TALUK, THIRUVANANTHAPURAM
             695584

     3       SUB INSPECTOR OF POLICE
             ATTINGAL POLICE STATION, THIRUVANANTHAPURAM 695 101

             R1 &R3 BY SRI. M. R. DHANIL, PUBLIC PROSECUTOR

             R2 BY ADV VIDYA G NAIR



THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.06.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.MC NO. 2670 OF 2021           2




                            O R D E R

Dated this the 23rd day of June 2021

Petitioner is the 1st accused in Crime No.1101/2010 of Attingal

Police Station, for offences punishable under Sections 447, 379, 411

r/w Section 34 of IPC. The final report was filed and taken on file as

CC No.517/2013. All the other accused except the petitioner

appeared before the court and the matter was compounded. The

applicant was absconding and the case against him was split up and

refiled as CC No.4481/2020.

2. The de facto complainant has appeared through counsel and

filed an affidavit stating that the matter has been settled and

compounded between the parties. There is no public interest

involved. Since the case against all the others were settled and they

were acquitted under Section 320 (8) of Cr.P.C., I find no reason to

sustain the case against the petitioner alone.

In the result, the Crl.M.C is allowed and the entire proceedings

against the applicant in CC No.4481/2020 on the files of the Judicial

First Class Magistrate Court-I, Attingal stands quashed under Section

482 of Cr.P.C. and the accused is discharged and set at liberty.

Sd/-

ASHOK MENON

rmm JUDGE

APPENDIX OF CRL.MC 2670/2021

PETITIONER ANNEXURE

ANNEXURE A1 CERTIFIED COPY OF FIR IN CRIME NO.1101/2010 OF ATTINGAL POLICE STATION

ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1101/2010 OF ATTINGAL POLICE STATION IN CC NO.517/2013 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE-I, ATTINGAL.

ANNEXURE A3 CERTIFIED COPY OF THE ORDER DATED 21.12.2020 IN CC NO.517/2013 OF JUDICIAL FIRST CLASSSMAGISTRAT-I, ATTINGAL

ANNEXURE A4 CERTIFED COPY OF AFFIDAVITFILED BY THE 2ND RESPONDENT.