T.V. Suhaib vs Baburajan
2023 Latest Caselaw 12807 Ker

Kerala High Court

T.V. Suhaib vs Baburajan on 8 December, 2023

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA,
                               1945
                     CRL.MC NO. 4909 OF 2016
   AGAINST THE ORDER/JUDGMENT CC 1230/2016 OF JUDICIAL
             MAGISTRATE OF FIRST CLASS -I,HOSDRUG
PETITIONER/ACCUSED:

          T.V. SUHAIB
          S/O. C.V.MUHAMMED, AGED 52 YEARS, DEPUTY
          DIRECTOR,DEPARTMENT OF INDUSTRUES AND COMMERCE,
          DISTRICT INDUSTRIES CENTRE, KOZHIKODE.
          BY ADV SRI.K.RAJESH SUKUMARAN


RESPONDENTS/DEFACTO COMPLAINANT & STATE:

    1     BABURAJAN
          CHAIRMAN, DR.AMBEDKAR TRUST INDIA,
          VIDYANAGAR,KASARAGOD-671 123.
    2     STATE OF KERALA
          REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT
          OF KERALA, ERNAKULAM, PIN:682031.
          BY ADV SRI.M.SASINDRAN
          SRI HRITHWIK CS, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.12.2023,    THE    COURT   ON   THE   SAME   DAY   PASSED   THE
FOLLOWING:
 CRL.M.C.No.4909/2016
                               ..2..



                 P.V.KUNHIKRISHNAN, JUDGE
             =========================
                   Crl.M.C.No.4909 of 2016
            ==========================
           Dated this the 8th day of December, 2023

                             ORDER

This Criminal Miscellaneous Case is filed with the

following prayers:

"i. To quash the proceedings in CC 1230/2016 on the file of the Judicial First Class Magistrate Court, Hosdurg and also Annexure A1 F.I.R. in Crime No.14/2011 of Railway Police Station Kasaragod and Annexure A2 Charge against the Petitioner herein, the Accused.

ii. Issue any other order or direction which this Hon'ble Court may deem fit and proper for the petitioner to attain the ends of justice."

2. When this Criminal Miscellaneous Case came up for

consideration on 22.11.2023, the learned counsel for the

petitioner submitted that defacto complainant is no more.

Therefore, this Court directed the Public Prosecutor to verify

the same. Now it is submitted that the defacto complainant is

no more. If that is the case, this Criminal Miscellaneous Case

need not be retained and there can be a direction to the Trial

Court to dispose of the matter expeditiously.

..3..

Therefore, this Criminal Miscellaneous Case is disposed of

directing the Judicial First Class Magistrate Court, Hosdurg to

dispose of C.C.No.1230/2016 as expeditiously as is possible.

Sd/-

P.V.KUNHIKRISHNAN JUDGE ACR

..4..

PETITIONER ANNEXURES ANNEXURE AI: PHOTO COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.14/2011 OF RAILWAY POLICE STATION, KASARAGOD.

ANNEXURE A2: PHOTOCOPY OF THE 161 STATEMENT GIVEN BY THE IST RESPONDENT TO THE POLICE. ANNEXURE A3: PHOTO COPY OF THE CHARGE FILED BY THE POLICE BEFORE THE J.F.C.M. COURT NO.II, KANNUR.

ANNEXURE A4: PHOTO COPY OF THE COMPLAINT GIVEN BY THE IST RESPONDENT TO THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, KASARAGOD,.

ANNEXURE A5: COPY OF THE ENQUIRY REPORT FILED BY THE ENQUIRY OFFICER TO THE GENERAL MANAGER.

ANNEXURE A6: COPY OF THE COMPLAINT DATED 4.2.2011 GIVEN TO THE DSTRICT COLLECTOR, KASARAGOD.

ANNEXURE A7: COPY OF THE GENERAL DIARY ISSUED FROM THE OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, SPECIAL MOBILE SQUAD, KASARAGOD.

ANNEXURE A8: COPY OF THE COMPLAINT GIVEN TO THE INDISTRIES MINISTER.

ANNEXURE A9: COPY OF THE COMPLAINT GIVEN TO THE DIRECTOR, INDUSTRIAL DEVELOPMENT DEPARTMENT.

ANNEXURE A10: COPY OF THE LETTER DATED 25.9.2014 OF THE INDUSTRIES DIRECTOR INFORMAING THE CLOSING OF A9.