Shaji vs State Of Kerala
2023 Latest Caselaw 10010 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
                        CRL.MC NO. 6285 OF 2023
   AGAINST THE ORDER/JUDGMENT SC 1168/2014 OF I ADDITIONAL SUB
                        COURT,THIRUVANANTHAPURAM
PETITIONERS/ACCUSED NO.3, 8 AND 9:

    1     SHAJI,
          AGED 31 YEARS, S/O.SHAHABUDEEN,
          RESIDING AT MERRY VIEW, EANTHIKALA PARASSALA,
          THIRUVANANTHAPURAM, PIN - 695502
    2     SHYJU,
          AGED 33 YEARS
          S/O VIJAYAN, RESIDING AT PRASANTHI BHAVAN, MUUTHANIKKAL
          VILA, CHERUVARAKONAM, PARASHALLA, THIRUVANANTHAPURAM,
          PIN - 695502
    3     SREENATH P.K.
          AGED 35 YEARS
          S/O PRADEEP KUMAR A.S., KALATHIL GOWREESHAM,
          PARASUVAIKKAL, NEYYATTINKARA, THIRUVANANTHAPURAM,
          PIN - 695508
          BY ADV MITHUN P.

RESPONDENTS/COMPLAINANT & DEFACTO COMPLAINANT:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
          ERNAKULAM, PIN - 682031
    2     AMARJITH
          AGED 27 YEARS
          S/O RASHAKRISHNAN, RESIDING AT EDAYAVILA HOUSE,
          PARASSALA, NEYYATTINKARA, THIRUVANANTHAPURAM,
          PIN - 695502
          BY ADV. PUBLIC PROSECUTOR

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.09.2023, ALONG WITH Crl.MC.6095/2023, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
 Crl.M.C.Nos.6285 & 6095 of 2023


                                  2




          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
                    CRL.MC NO. 6095 OF 2023
     AGAINST THE ORDER/JUDGMENT SC 1168/2014 OF SUB
                      COURT,NEYYATTINKARA
PETITIONER/2ND ACCUSED:

           ALEX
           AGED 33 YEARS, S/O.ALBERT,
           RESIDING AT MERRY VIEW, EANTHIKALA PARASSALA,
           THIRUVANANTHAPURAM, PIN - 695502
           BY ADV MITHUN P.

RESPONDENTS/COMPLAINANT & DEFACTO COMPLAINANT:

    1      STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
           KERALA, ERNAKULAM, PIN - 682031
    2      AMARJITH
           AGED 27 YEARS
           S/O RASHAKRISHNAN, RESIDING AT EDAYAVILA
           HOUSE, PARASSALA, NEYYATTINKARA,
           THIRUVANANTHAPURAM, PIN - 695502
           BY ADV. PUBLIC PROSECUTOR

        THIS   CRIMINAL   MISC.       CASE   HAVING   COME   UP   FOR
ADMISSION ON 18.09.2023, ALONG WITH Crl.MC.6285/2023,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.Nos.6285 & 6095 of 2023


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              P.V.KUNHIKRISHNAN, J.
             ------------------------------
         Crl.M.C.Nos.6285 & 6095 of 2023
     ----------------------------------------------
    Dated this the 18th day of September, 2023


                           ORDER

These Criminal Miscellaneous Cases are filed under

Section 482 of the Code of Criminal Procedure, 1973

("the Code" for the sake of brevity).

2. Crl.M.C.No.6285/2023 is filed to quash

S.C.No.1168/2014 on the file of the Assistant Sessions

Court (1st Addl.Sub Court), Thiruvananthapuram and

Crl.M.C.No.6095/2023 is filed to quash

S.C.No.202/2020 on the file of the Assistant Sessions

Court, Neyyattinkara arising from Crime No.525/2012 of

Parassala Police Station. Petitioners in these cases are

the accused in the above crime.

3. When these Criminal Miscellaneous Cases came Crl.M.C.Nos.6285 & 6095 of 2023

up for consideration, the learned Public Prosecutor

submitted that, only accused Nos.2, 3, 8 and 9 came

before this Court stating that the matter is settled and

the other accused are absconting. It is also submitted

that, accused Nos.3, 8 and 9 have criminal antecedents

and they are involved in eight other cases.

4. In such situation, I am of the considered

opinion that, this Court need not entertain these

Criminal Miscellaneous Cases invoking the powers under

Section 482 Cr.P.C based on a settlement. The trial court

is directed to dispose of the matter as expeditiously as

possible.

These Criminal Miscellaneous Cases are disposed of

as above.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE Crl.M.C.Nos.6285 & 6095 of 2023

APPENDIX OF CRL.MC 6095/2023

PETITIONER ANNEXURES ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 525 OF 2012 OF PARASSALA POLICE STATION, THIRUVANANTHAPURAM DISTRICT ANNEXURE A2 ORIGINAL OF THE AFFIDAVIT DATED 15.07.2023, SOLEMNLY AFFIRMED BY THE 2ND RESPONDENT/ DEFACTO COMPLAINANT Crl.M.C.Nos.6285 & 6095 of 2023

APPENDIX OF CRL.MC 6285/2023

PETITIONER ANNEXURES ANNEXURE A1 COPY OF THE FINAL CHARGE IN CRIME NUMBER: 525 OF 2012 OF PARASSALA POLICE STATION, THIRUVANANTHAPURAM DISTRICT ANNEXURE A2 AFFIDAVIT DATED 15.07.2023, SOLEMNLY AFFIRMED BY THE 2ND RESPONDENT/ DEFACTO COMPLAINANT

RESPONDENTS EXHIBITS :NIL //TRUE COPY// PA TO JUDGE