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Maheen vs State of Kerala

Maheen vs State of Kerala

Type Court Judgment Court Kerala Decided Oct 21, 2024
~3 min read
https://sooperkanoon.com/case/1290283

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Crl.MC/4743/2017

Parties & Advocates

Appellant / Petitioner

Maheen

Respondent

State of Kerala

Excerpt

.....that is the case, the trial court proceedings can be quashed. therefore, this criminal miscellaneous case is allowed. all further proceedings against the petitioner in s.t. no.3152/2016 on the file of the judicial first class magistrate court-i, neyyattinkara, are quashed. p.v.kunhikrishnan jv judge the trial court details mentioned in the final order dated21.10.2024 in crl.m.c 4743/2017 is corrected as "s.t no.3152/2015 on the files of judicial first class magistrate court -i, neyyattinkara" instead of "s.t no.3152/2016 on the files of judicial first class magistrate court -i, neyyattinkara" as per order dated 10/02/2025 in crl.m.a. no.1/2025 in criminal mc. no.4743/2017.deputy registrar appendix of crl.mc 4743/2017 petitioner annexures annexure a photocopy of the notice dated 23.09.2014 issued by the petitioner to the 2nd respondent. annexure b photocopy of the final report in crime no. 667/2014 of ariyancode police station. annexure c certified copy of the complaint filed by the 2nd respondent before the judicial 1st class magistrate court - i, neyyattinkara. annexure d photocopy of the order dated 02.02.2015 in o.p.no. 465/2014 of the state police complaints authority. annexure e photocopy of the letter no. g8/60310/97.tc issued by the commissioner of police,

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 21ST DAY OF OCTOBER 2024 / 29TH ASWINA, 1946 CRIME NO.667/2014 OF Aryancode Police Station ST NO.3152/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, NEYYATTINKARA PETITIONER/ACCUSED: MAHEEN AGED 57 YEARS, S/O. MYTHEENKANNU,'KADAREEYA', T.C. 63/3305, BYE-PASS ROAD,KARIMPUVILA, PUTHENPALLY, POONTHURA P.O.,THIRUVANANTHAPURAM, PREVIOUSLY WORKING AS SUB INSPECTOR OF POLICE, ARIYANCODE POLICE STATION, KATTAKADA, BY ADV SRI.SHAJIN S.HAMEED RESPONDENTS/STATE & COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2 THADAYOOSE S/O. THANKAPPAN,PALLICKKAL PARAMBU VEEDU, EDAVAL, OTTASEKHARAMANGALAM,KATTAKADA, THIRUVANANTHAPURAM, PIN CODE - 695 125. BY ADVS. SMT.N.P.ASHA SRI.G.SUDHEER SRI.NOUSHAD K.A, SR.PP THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 21.10.2024,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J.

-------------------------------- Crl.M.C. No.4743 of 2017 ---------------------------------------------- Dated this the 21st day of October, 2024

ORDER

This criminal miscellaneous case is filed to quash the proceedings in S.T. No.3152/2016 on the file of the Judicial First Class Magistrate Court-I, Neyyattinkara.

2. It is a private complaint filed by the 2nd respondent

alleging offences punishable under Sections 341, 294(b), 323 and 506(i) IPC. The petitioner was a Police Officer. Today, when the matter came up for consideration, the counsel for the 2nd respondent submitted that the 2nd respondent complainant is not interested to pursue with the complaint and he has no objection in quashing the proceedings. If that is the case, the trial court proceedings can be quashed. Therefore, this criminal miscellaneous case is allowed. All further proceedings against the petitioner in S.T. No.3152/2016 on the file of the Judicial First Class Magistrate Court-I, Neyyattinkara, are quashed. P.V.KUNHIKRISHNAN JV JUDGE The Trial court details mentioned in the Final order dated

21.10.2024 in Crl.M.C 4743/2017 is corrected as "S.T No.3152/2015 on the files of Judicial First Class Magistrate Court -I, Neyyattinkara" instead of "S.T No.3152/2016 on the files of Judicial First Class Magistrate Court -I, Neyyattinkara" as per order dated 10/02/2025 in Crl.M.A. No.1/2025 in Criminal MC. No.4743/2017.

DEPUTY REGISTRAR APPENDIX OF CRL.MC 4743/2017 PETITIONER ANNEXURES ANNEXURE A PHOTOCOPY OF THE NOTICE DATED 23.09.2014 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT. ANNEXURE B PHOTOCOPY OF THE FINAL REPORT IN CRIME NO. 667/2014 OF ARIYANCODE POLICE STATION. ANNEXURE C CERTIFIED COPY OF THE COMPLAINT FILED BY THE 2ND RESPONDENT BEFORE THE JUDICIAL 1ST CLASS MAGISTRATE COURT - I, NEYYATTINKARA. ANNEXURE D PHOTOCOPY OF THE ORDER DATED 02.02.2015 IN O.P.NO. 465/2014 OF THE STATE POLICE COMPLAINTS AUTHORITY. ANNEXURE E PHOTOCOPY OF THE LETTER NO. G8/60310/97.TC ISSUED BY THE COMMISSIONER OF POLICE,

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