Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN MONDAY, THE 10TH DAY OF JUNE 2024 / 20TH JYAISHTA, 1946 CRL.MC NO. 4963 OF 2024 CRIME NO.153/2023 OF Nadapuram Police Station, Kozhikode IN SC NO.297 OF 2024 OF ADDITIONAL DISTRICT COURT KOZHIKODE- III / II ADDITIONAL MACT, KOZHIKODE PETITIONERS/ACCUSED NOS.1 TO 10:
1 ABDU AGED 31 YEARS S/O ABDULA ABDU MEETHALE THAYULLATHIL HOUSE, PERADU POST, KOZHIKODE, KERALA, PIN - 673019 2 NAZAR V.K AGED 43 YEARS S/O THARUVAYI VADEKKEKANDI HOUSE, PERADU POST, KOZHIKODE, KERALA, PIN - 673019 3 SHAMSU AGED 34 YEARS S/O ABUBAKAR, ELLAMPALAYIL HOUSE 4 ABDULLA M.T AGED 65 YEARS S/O MOIDEEN, THAYALLUTHAIL 5 MUHAMMAD SALI AGED 37 YEARS S/O USMAN, KIZHAKAMPARATHE 6 MOOSA AGED 37 YEARS S/O USMAN, NEERKARIMBINE HOUSE 7 ABDUL RAZIK AGED 41 YEARS S/O MUHAMMAD KUTTY , KANJIPURAYIL HOUSE, PERADU POST, KOZHIKODE, KERALA, PIN - 673019 8 MUHAMMAD HARIF, AGED 42 YEARS S/O POKKAR, VELLATTU VEEDU PERADU POST, KOZHIKODE, KERALA, PIN - 673019 9 SHABANAS AGED 40 YEARS S/O MUHAMMAD, ARIYORI HOUSE 10 ABDUL LATHEEF AGED 31 YEARS S/O AMMADHE, AMBROLLI BY ADVS. RAKHY BABY SNEHA JOY TREESA SHAJI
RESPONDENTS/STATE, DEFACTO COMPLAINANT & INJURED: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 VISAKH VINAYAN S/O VINAYAN VA AGED 30 YEARS, RESIDING AT 'LOVE SHORE, AYITHARA MAMBARAM PO, KANNUR, PIN - 670643 3 JESNA P.K AGED 27 YEARS, D/O NASSAR, RESIDING AT "LOVE SHORE', AYITHARA MAMBARAM PO, KANNUR, PIN - PP M P PRASANTH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Dated this the 10th day of June, 2024 This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings in Annexure A1 final report in crime No.153/2023 of Nadapuram Police Station, Kozhikode, pending as S.C.No.297/2024 on the files of the 3 rd Additional Disrict and Sessions Judge, Kozhikode, alleging commission of offence punishable under Sections 143, 147, 148, 452, 341, 323, 324, 326, 307 and 506(ii) r/w Section 149 of IPC.
2. The learned counsel for the petitioners argued at
length to convince this Court that no offence made out, prima facie, from the prosecution records. Since he failed in this endeavour and when this Court was about to dismiss this petition, holding that there are sufficient materials to go for trial, the learned counsel for the petitioners sought permission to withdraw this petition. Permission granted.
3. Accordingly, this petition stands dismissed as withdrawn.
Registry is directed to forward a copy of this order
to the trial court, within three days, for information and further steps. Sd/- A. BADHARUDEEN JUDGE SSK/10/06 APPENDIX OF CRL.MC 4963/2024 PETITIONER ANNEXURES Annexure 1 A TRUE COPY OF THE FINAL REPORT IN CRIME NO. RURAL DISTRICT, PENDING BEFORE THE 3RD ADDITIONAL DISTRICT AND SESSIONS JUDGE, KOZHIKODE AS SC Annexure 2 AFFIDAVIT FILED BY THE 2ND RESPONDENT DATED Annexure 3 AFFIDAVIT FILED BY THE 3RD RESPONDENT DATED