Bijoy Krishnan vs State Of Kerala
2021 Latest Caselaw 13118 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. 2105 OF 2021
         CRIME NO.454/2020 OF Nileswar Police Station, Kasargod
AGAINST THE ORDER/JUDGMENT IN CC 1897/2021 OF JUDICIAL MAGISTRATE OF
                    FIRST CLASS -II,HOSDRUG, KASARGOD
PETITIONER/S:

     1       BIJOY KRISHNAN
             AGED 38 YEARS
             S/O. LATE KRISHNAN, R/AT PATTEN VEEDU, MEKKATTU,
             KONKOTTU, MADIKAI VILLAGE, HOSDURG TALUK, KASARGOD
             DISTRICT-671 314

     2       PRIYESH .K @ CHECKAN
             AGED 32 YEARS
             S/O. BALAN, R/AT ALINKAL HOUSE, , KONKOTTU, MADIKAI
             (VIA), MADIKAI VILLAGE, HOSDURG TALUK, KASARGOD DISTRICT-
             671 314

     3       PRAJEESH.K.,
             AGED 36 YEARS
             S/O. BALAN, R/AT ALINKAL HOUSE, , KONKOTTU, MADIKAI
             (VIA), MADIKAI VILLAGE, HOSDURG TALUK, KASARGOD DISTRICT-
             671 314

             BY ADV A.ARUNKUMAR



RESPONDENT/S:

     1       STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
             ERNAKULAM-682 031
 CRL.MC NO. 2105 OF 2021       2

    2     SASIDHARAN K.P.
          AGED 55 YEARS
          S/O. KUNHIKANNAN, SECRETARY, MADIKAI GRAMA PANCHAYATH,
          P.O.MADIKAI, MADIKAI VILLAGE, HOSDURG TALUK, KASARGOD
          DISTRICT-671 314



          R1 BY SRI. C.S. HRITHWIK SR. PP

          R2 BY ADV VIPIN T JOSE



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. 2105 OF 2021          3



                             O R D E R

Dated this the 23rd day of June 2021

Petitioners are accused in Crime No.454/2020 of Nileshwaram

Police Station, presently pending as CC No.1897/2020 on the files of

the Judicial First Class Magistrate Court-II, Hosdurg for having allegedly

committed offences punishable under Sections 283, 332 294(b) r/w

Section 34 of IPC.

2. The de facto complainant is a Secretary of Madikai Grama

Panchayat. The allegation against the accused is that they had

deterred the public servant from performing his duty as a public

servant and also voluntarily caused hurt to him in that process hurled

abuses at him. The de facto complainant who is the second respondent

has appeared through counsel and stated that he has no grievance

against the applicants and that the matter has been amicably settled

and he is not interested in proceeding with the prosecution. The

learned Public Prosecutor has also got instruction to that effect.

3. Under the circumstances, I find that no purpose would be

served by proceeding with the trial against the petitioners. The

allegations are not very grave. No serious injury has been caused to

the de facto complainant.

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

against the petitioners in C.C. No.1897/2020 of Judicial First Class

Magistrate Court-II, Hosdurg stands quashed under Section 482 of

Cr.P.C. and the accused are discharged and set at liberty.

Sd/-

ASHOK MENON

rmm JUDGE

APPENDIX OF CRL.MC 2105/2021

PETITIONER ANNEXURE

ANNEXURE-AI CERTIFIED COPY OF THE F.I.R.IN CRIME NO.454 OF 2020 OF NILESHWARAM POLICE STATION

ANNEXURE-AII CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.454 OF 2020 OF NILESHWARAM POLICE STATION

ANNEXURE-AIII THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT