Kerala High Court
Madhu @ Usman Babu vs State Of Kerala on 3 October, 2024
2024:KER:73452
CRL.MC NO. 10357 OF 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
CRL.MC NO. 10357 OF 2023
CRIME NO.862/2008 OF TIRUR POLICE STATION, MALAPPURAM
LP NO.355 OF 2012 OF JUDICIAL MAGISTRATE OF FIRST
CLASS, TIRUR
PETITIONER/ACCUSED:
MADHU @ USMAN BABU
AGED 50 YEARS
S/O. ACHUTHAN EZHUTHACHAN,
PARAKKOTTUKALATHIL HOUSE, THIRUVALLAMALA,
VADAKKETHARA POST, OTTAPALAM., PIN - 680587
BY ADVS.
BINU V V VEETTIL VALAPPIL
MANEKSHA D.
RESPONDENT/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 SUBAIDHA
AGED 43 YEARS
D/O ABOOBACKER, CHITTAYATH HOUSE,
MUTTANUR POST, PURATHUR,
TIRUR TALUK, MALAPPURAM DISTRICT.,
PIN - 676561
SRI.M.P.PRASANTH, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD
ON 03.10.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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CRL.MC NO. 10357 OF 2023
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ORDER
Dated this the 3rd day of October, 2024
This Criminal Miscellaneous Case has been filed
under Section 482 of the Code of Criminal Procedure to
quash all further proceedings in Annexure-A4 FIR and
Annexure-A5 Final Report in crime No.862/2008 of Tirur
Police Station, now pending as LP No.355/2012 on the files
of the Judicial First Class Magistrate Court-1, Tirur. The
petitioner herein is the sole accused in the above case.
2. Heard the learned counsel for the petitioner
and the learned Public Prosecutor in detail. Perused the
relevant documents.
3. At the time of hearing, the learned counsel
for the petitioner submitted that initially the petitioner was
tried for offences punishable under Sections 406, 420 and
498A of IPC and as per Annexure A2, copy of judgment in
C.C.No.670/2015 dated 23.04.2022, the petitioner was
acquitted. Thereafter, acting on Annexure A3 complaint
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CRL.MC NO. 10357 OF 2023
covering the same period, Annexure A4 FIR again registered
and Annexure A5 final report filed, alleging commission of
offence punishable under Section 498A of IPC. The same is
under challenge herein.
4. Going by Annexures A1 to A4, submission
made by the learned counsel for the petitioner is having
force. Since the records in both cases are available for the
learned Magistrate, the learned Magistrate is directed to
consider discharge of the petitioner from the present crime,
after hearing both sides either suomotu or acting on the
petition filed by the petitioner, within a period of six weeks
from the date of appearance of the petitioner before the trial
court. Needless to say that the decision on the plea of
discharge shall be purely on merits.
5. Since it is submitted by the learned counsel
for the petitioner that now Non Bailable Warrant has been
pending against the petitioner, after including this case in
long pending register as L.P.No.355/2012, and in
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CRL.MC NO. 10357 OF 2023
consideration of the fact that the petitioner was earlier
acquitted, there shall be a direction to the learned Magistrate
to release the petitioner on bail, on executing bond for
Rs.25,000/- (Rupees twenty five thousand only) by himself
and with two solvent sureties on his appearance and on filing
an application for bail, within a period of ten days from today.
Execution of non-bailable warrant stands deferred till the date
of execution of the bail bond.
This Criminal Miscellaneous Case stands disposed
of as indicated above.
Registry is directed to forward a copy of this order to
the jurisdictional court for information and further steps.
Sd/-
A. BADHARUDEEN
JUDGE
nkr
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CRL.MC NO. 10357 OF 2023
APPENDIX OF CRL.MC 10357/2023
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE COMPLAINT SUBMITTED
BY THE 2ND RESPONDENT/DEFACTO
COMPLAINANT BEFORE THE JFCM COURT-1,
TIRUR, DATED 15/09/2009
ANNEXURE A2 CERTIFIED COPY OF THE JUDGMENT IN CC
670/2015 ON THE JUDICIAL FIRST CLASS
MAGISTRATE COURT-1 TIRUR, DATED
23/04/2022
ANNEXURE A3 CERTIFIED COPY OF THE PETITION
PREFERRED BY THE 2ND RESPONDENT BEFORE
THE DISTRICT POLICE CHIEF, MALAPPURAM,
DATED 31/07/2008
ANNEXURE A4 CERTIFIED COPY OF FIR IN CRIME NO.
862/2008 OF TIRUR POLICE
ANNEXURE A5 CERTIFIED COPY OF FINAL REPORT IN
CRIME NO. 862/2008 OF TIRUR POLICE
RESPONDENTS ANNEXURES : NIL
