Kerala High Court
P. Sreejith vs The State Of Kerala on 6 November, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Crl.R.P No. 494 of 2017
and 1
Crl.M.C. No. 6848 of 2017
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 6TH DAY OF NOVEMBER 2024 / 15TH KARTHIKA,
1946
CRL.MC NO. 6848 OF 2017
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.166 OF 2017
OF JUDICIAL MAGISTRATE OF FIRST CLASS ,RANNI
PETITIONER/S:
S. NUOOMAN
AGED 44, S/O.SAINUDEEN RAWTHER,WORKINGS AS CIRCLE
INSPECTOR OF POLICE,RANNI POLICE STATION, RANNI,
PATHANAMTHITTA DISTRICT(RESIDING AT
KAVINTEKIZHAKKATHIL,PANDALAM P.O., MANGARAM,
PATHANAMTHITTA DISTRICT)
BY ADVS.
SRI.V.PHILIP MATHEW
SRI.GIBI.C.GEORGE
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTORHIGH COURT OF
KERALA, ERNAKULAM
2 VIJAYAN
S/O.GOPI, MANNILMEMURI VEEDU,VAYALATHALA,
CHERUKOLE VILLAGE,PATHANAMTHITTA DISTRICT.
BY ADV SRI.V.SETHUNATH
Crl.R.P No. 494 of 2017
and 2
Crl.M.C. No. 6848 of 2017
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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 06.11.2024, ALONG WITH Crl.Rev.Pet.494/2017, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
Crl.R.P No. 494 of 2017
and 3
Crl.M.C. No. 6848 of 2017
2024:KER:83252
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 6TH DAY OF NOVEMBER 2024 / 15TH KARTHIKA,
1946
CRL.REV.PET NO. 494 OF 2017
CRIME NO.2315/2016 OF Ranni Police Station, Pathanamthitta
AGAINST THE ORDER/JUDGMENT DATED 16.01.2017 IN CC
NO.166 OF 2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,RANNI
REVISION PETITIONER/S:
P. SREEJITH
AGED 34 YEARS
AGED 34 YEARS, S/O. S.PRABHAKARAN PILLAI,SUB
INSPECTOR OF POLICE, RANNI POLICE STATION
BY ADVS.
SRI.P.MARTIN JOSE
SRI.M.A.MOHAMMED SIRAJ
SRI.THOMAS P.KURUVILLA
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM
2 VIJAYAN
S/O. GOPI, AGED 25 YEARS,MANNILMEMURI
VEEDU,VAYALATHALA, CHERUKOL VILLAGE,RANNY,
Crl.R.P No. 494 of 2017
and 4
Crl.M.C. No. 6848 of 2017
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PATHANAMTHITTA
BY ADV SRI.V.SETHUNATH
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 06.11.2024, ALONG WITH Crl.MC.6848/2017, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Crl.R.P No. 494 of 2017
and 5
Crl.M.C. No. 6848 of 2017
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P.V.KUNHIKRISHNAN, J
--------------------------------------
Crl.R.P No. 494 of 2017
and
Crl.M.C. No. 6848 of 2017
--------------------------------------
Dated this the 6th day of November, 2024
ORDER
These two cases are connected and therefore, I am
disposing of these cases by a common order.
2. The petitioner in Crl.M.C.No. 6848/2017 is
the 1st accused in CC No. 166/2017 on the file of the
Judicial First Class Magistrate Court, Ranni. The revision
petitioner in Crl.R.P. No. 494/2017 is the 2nd accused in the
above case. The above case is charge-sheeted against the
petitioners alleging offences punishable under Secs. 457 &
379 IPC.
3. When these cases came up for
consideration, the learned counsel for the petitioners and
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the defacto complainant submitted that the matter is
settled and the 2nd respondent has no grievance against the
petitioners. An affidavit is filed by the defacto complainant.
This Court perused the affidavit. In the light of the same, I
am of the considered opinion that the continuation of the
prosecution against the petitioners is not necessary. The
dispute is private in nature.
Therefore, these case are allowed. All further
proceedings against the petitioners in these cases pending
before the Judicial First Class Magistrate Court, Ranni in
CC No. 166/2017 are quashed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
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PETITIONER ANNEXURES
Annexure 4 AFFIDAVIT DATED 10-10-2024 FILED BY
SECOND RESPONDENT
ANNEXURE I COPY OF ORDER DATED 16/1/2017 PASSED BY
THE JUDICIAL FIRST CLASS MAGISTRATE
COURT, RANNY IN CRL.M.P NO.11978/16
ANNEXURE II COPY OF ORDER SHEET IN CRL.M.P
ANNEXURE III COPY OF ORDER DATED 13/9/2017 PASSED BY
THIS HON'BLE COURT IN CRL.M.A
NO.2094/2017 IN CRL.R.P. NO.494/17
