Sainudheen @ Kattilakittan vs State Of Kerala
2024 Latest Caselaw 28876 Ker

Kerala High Court

Sainudheen @ Kattilakittan vs State Of Kerala on 3 October, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

 Crl.M.C. No.7663 of 2018
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                                                           2024:KER:73768


            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946

                            CRL.MC NO. 7663 OF 2018

       CRIME NO.756/2017 OF VADAKKEKAD POLICE STATION,

                                   THRISSUR

          AGAINST THE ORDER/JUDGMENT DATED IN MC NO.123 OF

 2018 OF SUB DIVISIONAL MAGISTRATE, THRISSUR ARISING OUT

 OF THE ORDER/JUDGMENT DATED IN SC NO.369 OF 2009 OF

 ASSISTANT        SESSIONS       COURT/I      ADDITIONAL    SUB   COURT,

 THRISSUR

 PETITIONER/COUNTER PETITIONER:

              SAINUDHEEN @ KATTILAKITTAN,
              AGED 45 YEARS, S/O MUHAMMED, PARAMPULLY HOUSE
              PAPPALI ANDATHODU, PUNNAYURKULAM, THRISSUR.


              BY ADV M.R.SARIN

 RESPONDENT/COMPLAINANT:

              STATE OF KERALA,
              REPRESENTED BY THE SUB INSPECTOR OF POLICE
              VADAKKEKAD POLICE STATION, THROUGH PUBLIC
              PROSECUTOR, HIGH COURT OF KERALA,
 Crl.M.C. No.7663 of 2018
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                                                        2024:KER:73768


             ERNAKULAM - 682 031.



BY ADV.:

             SRI.RENJITH.T.R, SR.PP

       THIS      CRIMINAL   MISC.       CASE   HAVING   BEEN   FINALLY
HEARD ON 03.10.2024, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
 Crl.M.C. No.7663 of 2018
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                                                       2024:KER:73768



                     P.V.KUNHIKRISHNAN, J.
                  -------------------------------------
                    Crl.M.C. No.7663 of 2018
                 --------------------------------------
            Dated this the 03rd day of October, 2024



                            ORDER

This Criminal Miscellaneous Case is filed with the

following prayers:

"To quash Annexure-A order in MC No.123/2018 dated

19.07.2018 of the Sub Divisional Magistrate, Thrissur,

in the interest of justice."

2. The main prayer in this Crl.MC is to quash

Annexure-A order passed by the Sub Divisional

Magistrate invoking the powers under Section 107

Cr.P.C. Admittedly, Annexure-A is a preliminary order.

The direction in Annexure-A is to show cause why the

petitioner is directed to execute a bond for Rs.25,000/-

with two solvent sureties for a like sum to keep peace

2024:KER:73768

for a period of one year. The order was passed on

19.07.2018. Now, that period is already over. If that be

the case, nothing survives in this case. Hence, the

Crl.MC can be closed.

Therefore, this Criminal Miscellaneous Case is

closed.

Sd/-

                                     P.V.KUNHIKRISHNAN
nvj                                         JUDGE






                                                   2024:KER:73768





PETITIONER ANNEXURES

ANNEXURE A                 FREE COPY OF THE ORDER 19.7.2018 IN

M.C.123/18 OF THE SUB DIVISIONAL MAGISTRATE COURT, THRISSUR

ANNEXURE B THE CERTIFIED COPY OF JUDGMENT IN SC NO.369/09 OF ADDL. ASST SESSION'S JUDGE THRISSUR

ANNEXURE C THE TRUE COPY OF JUDGMENT IN CC NO.682/07 OF JFCM COURT, KUNNAMKULAM

ANNEXURE D THE TRUE COPY OF JUDGMENT IN CC NO.1319/06 OF JFCM COURT-KUNNAMKULAM

ANNEXURE E THE TRUE COPY OF JUDGMENT IN SC NO.151/08 OF ADDL. ASST SESSION'S JUDGE THRISSUR

ANNEXURE F THE TRUE COPY OF FINAL REPORT IN CRIME NO.756/17 OF VADAKKEKKAD POLICE STATION

RESPONDENTS EXHIBITS : NIL

//TRUE COPY// PA TO JUDGE