Sinsil vs State Of Kerala
2023 Latest Caselaw 11071 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
                       CRL.MC NO. 8228 OF 2023
AGAINST THE ORDER/JUDGMENT IN CC 833/2017 OF JUDICIAL FIRST CLASS
                 MAGISTRATE COURT(TEMPORARY), PARAVUR
PETITIONERS/ACCUSED NOS.1 & 2:

    1     SINSIL
          AGED 30 YEARS
          S/O.SIDHEEK KUTTY, SHEEJA BHAVAN, ELAVOOR, VATTAVILA,
          PALLIMON VILLAGE, NEDUMPANA, KOLLAM DISTRICT, NOW
          RESIDING AT KANDOLIL VEETTIL HOUSE, KONNEMUKKU,
          MAYYANADU VILLAGE, KOLLAM DISTRICT., PIN - 691303

    2     LININ @ VIPIN
          AGED 25 YEARS
          S/O.PAPPACHAN, KAVUMKAL HOUSE, VATTAVILA, PALLIMON
          CHERI, PALLIMON VILLAGE, KOLLAM DISTRICT., PIN - 691576

          BY ADV NIREESH MATHEW



RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
          ERNAKULAM, KOCHI., PIN - 682031

    2     KRISHNAN
          AGED 62 YEARS
          S/O.LAKSHMANAN, POONKOTTU HOUSE, PALLIMONCHERIYIL P.O,
          NEDUMPANA, KOLLAM DISTRICT., PIN - 691576


OTHER PRESENT:

          SANAL P RAJ ,PP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
26.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 8228 OF 2023


                                2


                  P.V.KUNHIKRISHNAN
             ---------------------
                 CRL.MC No. 8228 OF 2023
          ---------------------------
           Dated this the 26th day of October, 2023

                             ORDER

This Crl.MC is filed to quash the proceedings in

C.C.No.833/2017 on the files of the Judicial First Class

Magistrate Court (Temporary), Paravur arising from Crime

No.587/2017 of Chathannoor Police Station.

2. The case is filed to quash the proceedings based

on settlement. This Court directed the learned Public

Prosecutor to get instructions. The learned Public

Prosecutor, after getting instructions, submitted that there

is criminal antecedents from the 1st petitioner and four

cases are registered against the petitioners in which one of

the case is under the NDPS Act.

3. In such circumstances, in the light of the decision

of the apex court, this court cannot quash the proceedings

based on the settlement. But, there can be a direction to

the trial court to expedite the trial. CRL.MC NO. 8228 OF 2023

Therefore, this Crl.MC is disposed of directing the

Judicial First Class Magistrate Court (Temporary), Paravur to

dispose C.C.No.833/2017 as expeditiously as possible.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

bng CRL.MC NO. 8228 OF 2023

APPENDIX OF CRL.MC 8228/2023

PETITIONER ANNEXURES

Annexure1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.587/2017 OF CHATHANNOOR POLICE STATION DATED 28.06.2017

Annexure2 ORIGINAL OF THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT DATED 28.09.2023