Nithin vs Station House Officer
2021 Latest Caselaw 13242 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE ASHOK MENON
         THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943
                         CRL.MC NO. 651 OF 2020
 AGAINST THE ORDER/JUDGMENT IN CC 889/2016 OF JUDICIAL MAGISTRATE OF
                FIRST CLASS - I, NORTH PARAVUR, ERNAKULAM
PETITIONER/S:

     1       NITHIN,
             AGED 26 YEARS
             S/O JOY, POLAPPARAMBIL, PARAYAKKAD, PARAVOOR, NORTH
             PARUR, ERNAKULAM RURAL, KERALA, INDIA, PIN-683 513.

     2       ARJUN,
             AGED 27 YEARS
             S/O SASI, PUTHENVEETTIL, AALUMMAVU NEENDOOR, VADAKKEKKARA
             VILLAGE, NORTH PARAVUR, ERNAKULAM RURAL, KERALA, INDIA,
             PIN-683 513.

             BY ADVS.
             P.R.MADHUSUDANAN
             SMT.HASEENA KUNJOONJU



RESPONDENT/S:

     1       STATION HOUSE OFFICER,
             NORTH PARAVUR POLICE STATION, ERNAKULAM-683 513.

     2       STATE OF KERALA,
             REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
             ERNAKULAM-682 031.

     3       RANA,
             AGED 23 YEARS
             BANIYAKKALI, BANIYAKKALI VILLAGE, MURSHIDABAD, BANGAL
             STATE, MURSHIDABAD, WEST BENGAL, INDIA-742 101.
 CRL.MC NO. 651 OF 2020            2

OTHER PRESENT:

          SRI.C.S.HRITHWIK SRPP



THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.MC NO. 651 OF 2020             3

                            O R D E R

Dated this the 24th day of June 2021

Petitioners are accused Nos.1 and 2 in C.C No.889/2016 on the

files of the Judicial First Class Magistrate Court-I, North Paravur for

having allegedly committed offences punishable under Sections 448,

323 and 324 r/w Section 34 of IPC.

2. The de facto complainant is the 3rd respondent herein who is

a native of Murshidabad in West Bengal. It is submitted that the 1st

respondent had registered crime No.1018/2016 against the petitioners

and one other person as is evident from Annexure A1 FIR. After

registering the FIR, the matter was amicably settled between the

petitioners and the 3rd respondent and it was reported to the

investigating officer. The 3rd respondent had sustained only a simple

hurt as is evident from the wound certificate issued from the Taluk

Head Quarters Hospita, North Paravur l as Annexure A2. The 1st

respondent did not consider the settlement and proceeded to file a

final report against the petitioners. The petitioners are now made to

face trial in C.C. No.889/2016 and they have tied because of that.

The de facto complainant has left to West Bengal and there is no

possibility of securing his presence and therefore it is prayed that the

proceedings may be quashed under Section 482 of Cr.P.C.

3. A report was called from the Judicial First Class Magistrate

Court-I, North Paravur and it is submitted that it is a court having

large pendency of 8768 cases of which about 2003 cases are more

than 5 years old. The learned Magistrate has sought six months time

to dispose of the matter.

Considering these submissions, I find that without the presence

of the de facto complainant it is not possible to quash or compound

the proceedings. Hence, the petition is disposed of with a direction to

the Judicial First Class Magistrate Court-I, North Paravur to dispose of

CC No.889/2016 as expeditiously as possible, at any rate, within a

period of six months from the date of receipt of an order of this Court.

SD/-

ASHOK MENON

rmm JUDGE

APPENDIX OF CRL.MC 651/2020

PETITIONER ANNEXURE

ANNEXURE A1 CERTIFIED COPY OF F.I.R NO 1018/2016 OF N.PARUR POLICE STATION DATED 21.6.2016

ANNEXURE A2 CERTIFIED COPY OF THE WOUND CERTIFICATE ISSUED BY THE TALUK HEADQUARTERS HOSPITAL, NORTH PARAVUR DATED 19.6.2016

ANNEXURE A3 CERTIFIED COPY OF FINAL REPORT DATED 25.6.2016 IN CC NO 889/2016