Leo P Samuel vs State Of Kerala
2024 Latest Caselaw 27874 Ker

Kerala High Court

Leo P Samuel vs State Of Kerala on 13 September, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

CRL.MC NO. 1756 OF 2017              1




                                                   2024:KER:70182
             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946

                          CRL.MC NO. 1756 OF 2017

     CRIME NO.2423/2015 OF Viyyur Police Station, Thrissur
      AGAINST THE ORDER/JUDGMENT DATED 25.06.2015 IN OS NO.1958
OF 2011 OF PRINCIPAL MUNSIFF COURT,THRISSUR
PETITIONER/S:

               LEO P SAMUEL
               AGED 31 YEARS
               AGED 31, S/O.LATE SAMUEL, PALLIPARAMBIL HOUSE,
               CHEROOR, VILVATTOM VILLAGE, THRISSUR.


               BY ADV SMT.R.PADMAKUMARI


RESPONDENT/S:

      1        STATE OF KERALA
               REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
               KERALA, ERNAKULAM, KOCHI-682031.

      2        SUB INSPECTOR OF POLICE
               VIYYOOR POLICE STATION, THRISSUR-680001.

      3        BINCY JEO,
               PALLIPARAMBIL HOUSE, CHEROOR, VILVATTAM VILLAGE,
               THRISSUR.



OTHER PRESENT:

               SRI.SANAL.P.RAJ, PP


       THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13.09.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 1756 OF 2017                 2




                                                            2024:KER:70182
                    P.V.KUNHIKRISHNAN, J
                  --------------------------------------
                   Crl.M.C. No. 1756 of 2017
                  --------------------------------------
           Dated this the 13th day of September, 2024


                                   ORDER

This Criminal Miscellaneous case is filed with the

following prayers :

"... to call for the records leading to Annexure-A2 Final Report in SC No. 1007/16 on the files of the District and Sessions Court, Thrissur and quash all further proceedings pursuant thereto." [sic]

2. When this Criminal Miscellaneous case came

up for consideration, this Court directed the Registry to get a

report from the trial court about the present stage of the case.

The Judicial First Class Magistrate Court-I, Thrissur submitted

that the case is already disposed, acquitting the accused. If

that is the case, nothing survives in this case.

With the above observation, this Criminal

Miscellaneous case is closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

2024:KER:70182

PETITIONER ANNEXURES

ANNEXURE A1 THE TRUE COPY OF THE F.I.R IN CRIME NO.2423/2015 OF VIYYOOR POLICE STATION.

ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT IN SC 1007/2016 ON THE FILES OF THE DISTRICT AND SESSIONS COURT, THRISSUR.

ANNEXURE A3 THE TRUE COPY OF THE STATEMENT GIVEN BY 3RD RESPONDENT/DEFACTO COMPLAINANT.

ANNEXURE A4 THE TRUE COPY OF THE COMPROMISE DECREE IN OS 1958/2011 ON THE FILES OF THE MUNSIFF COURT, THRISSUR.

ANNEXURE A5 THE TRUE COPY OF THE ORDER IN EP 651/2013 IN OS 1958/2011 DATED 25.06.2015 ON THE FILES OF THE PRINCIPAL MUNSIFF COURT, THRISSUR.

ANNEXURE A6 THE TRUE COPY OF THE ORDER IN OP(CIVIL)1780/2015 PASSED BY HON'BLE HIGH COURT ON 22.01.2016.

ANNEXURE A7 THE TRUE COPY OF THE ACCIDENT REGISTER CUM WOUND CERTIFICATE ISSUED BY THE ASSISTANT SURGEON, GENERAL HOSPITAL THRISSUR.

RESPONDENT ANNEXURES

ANNEXURE R3 AGREEMENT DATED 01.12.2017.