Midhun@Loppy vs State Of Kerala
2023 Latest Caselaw 9813 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945
                      CRL.MC NO. 5470 OF 2023
 AGAINST THE ORDER/JUDGMENT IN CC 53/2020 OF JUDICIAL FIRST CLASS
                MAGISTRATE COURT - III, PERUMBAVOOR
PETITIONERS/ACCUSED NO.1 TO 3:


    1     MIDHUN@LOPPY, AGED 24 YEARS, S/O JAYAN, THANIMOOTTILE
          HOUSE, MUNIPPARA ,KOMBANADU VILLAGE ERNAKULAM DISTRUCT,
          PIN - 683545

    2     AJITH, AGED 30 YEARS, S/O SURESH,PLACHERY HOUSE,
          MECKAPPALA, KOMBANADU VILLAGE ERNAKULAM DISTRICT, PIN -
          683544

    3     BINTO,AGED 27 YEARS, S/O GEORGE, PERUBILLY HOUSE
          MUNIPPARA, KOMBANADU VILLAGE ERNAKULAM DISTRICT, PIN -
          683545

          BY ADV BINU PAUL


RESPONDENTS/STATE AND COMPLAINANT:


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

    2     ELDHOSE,AGED 39 YEARS,S/O ABRAHAM, PADIKKAKUDY HOUSE
          VETTUVALAV,VENGOOR WEST VILLAGE KOMBANNAD , ERNAKULAM
          DISTRICT, PIN - 683544


OTHER PRESENT:
           SEENA. C, PP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 5470 OF 2023


                                      2

                      P.V.KUNHIKRISHNAN
                 ---------------------
                     CRL.MC No. 5470 OF 2023
             ---------------------------
             Dated this the 13th day of September, 2023

                                    ORDER

This Crl.MC is filed to quash the proceedings in

C.C.No.53/2020 on the files of the Judicial First Class Magistrate

Court-III, Perumbavoor arising from Crime No.1165/2019 of

Kuruppampady Police Station based on the settlement. This Court

directed the learned Public Prosecutor to get instructions. The

learned Public Prosecutor, after getting instructions, submitted that

the 1st petitioner is involved in three cases in which one of the case

is an offence charged under the provisions of the NDPS Act. As far

as the 2nd petitioner is concerned, there are eleven cases and the 3 rd

petitioner is concerned, there are four cases. In such circumstances,

this Court cannot invoke the extraordinary jurisdiction under Section

482 Cr.PC to quash the proceedings based on settlement. The trial

court will expedite the trial.

With the above observations, this Crl.MC is closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng CRL.MC NO. 5470 OF 2023

APPENDIX OF CRL.MC 5470/2023 PETITIONER ANNEXURES

Annexure A1 THE TRUE COPY OF THE F.I.R.NO.1165 OF 2019 DATED 19.12.2019 OF KURUPPAMPADY POLICE STATION, ERNAKULAM DISTRICT

Annexure A2 THE TRUE COPY OF THE FINAL REPORT IN F.I.R.NO.1165 OF 2019 DATED 10.02.2020 OF KURUPPAMPADY POLICE STATION, ERNAKULAM DISTRICT

Annexure A3 THE AFFIDAVIT OF THE 2ND RESPONDENT DATED 24.06.2023