Shanu vs State of Kerala

SHANU vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 03, 2023

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https://sooperkanoon.com/case/1341729

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Citation: sooperkanoon.com/1341729
Court: Kerala High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Jan 03, 2023
Case Number: Crl.MC/1101/2015

Parties & Advocates

Appellant / Petitioner

SHANU

Respondent

State of Kerala

Excerpt

.....village, kollam taluk, kollam district-691 006.7 daniel, aged 21 years s/o.john, residing at house no. 78, snehatheeram nagar, thilleri, pallithottam p.o, pallithottam cheri, by adv smt.t.p.sindhumol pp smt.m.k pushpalatha this criminal misc. case having come up for admission on 03.01.2023, the court on the same day passed the following: bechu kurian thomas, j ......….................................. crl.m.c.no.1101 of 2015 ….................................. dated this the 3 rd day of january, 2023orderpetitioner was the second accused in crime no.1165/2014 of pallithottam police station, which was pending consideration as c.c.no.2438/2014 on the files of the judicial first class magistrate court-ii, kollam. the relief sought for in this petition, filed under section 482 of cr.p.c., is to quash annexure-a1 final report in the aforesaid crime.2. during the pendency of this case, it is noticed that,crl.m.c.no.1002/2015 was filed by accused nos. 1 to 7 and by order dated 18.02.2015 this court had quashed all proceedings in c.c.no.2438/2014 of the judicial first class magistrate court-ii, kollam.3. in view of the quashing of proceedings inc.c.no.2438/2014 before the judicial first class magistrate court-ii, kollam by order dated 18.02.2015 in crl.m.c.no.1002/2015, nothing further remains against the petitioner.4. hence, this crl.m.c. has become infructuous and the same is dismissed as infructuous. sd/- bechu kurian thomas judge amv/03/01/2023

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 3RD DAY OF JANUARY 2023 / 13TH POUSHA, 1944 CRL.MC NO. 1101 OF 2015 AGAINST THE ORDER/JUDGMENT CC 2438/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM [CRIME NO.1165/2014 OF PALLITHOTTAM POLICE STATION] PETITIONER/SECOND ACCUSED : SHANU, AGED 25 YEARS S/O.ZAKIR HUSAIN, KAUMUDI NAGAR, KOLLAM DISTRICT. BY ADV SRI.S.BIJU (KIZHAKKANELA) RESPONDENTS/STATE/CW1 TO 6 :
1 STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2 MERICSON, AGED 23 YEARS 3 MERVIN, AGED 21 YEARS 4 NIKHIL, AGED 21 YEARS S/O.THAMBI, RESIDING AT SUJATHA MANDIRAM, KALLUPALAM P.O., THAMARAKULAM CHERI, KOLLAM DISTRICT-691 001. 5 GIBIN, AGED 22 YEARS S/O.XAVIER, RESIDING AT HOUSE NO.64, ANJALI NAGAR, PALLITHOTTAM PO, PALLITHOTTAM CHERI, 6 SANU, AGED 22 YEARS S/O.SATHEESH, RESIDING AT HOUSE NO.63, THILLERI NAGAR, THILLERI, PALLITHOTTAM P.O, PALLITHOTTAM CHERI, MUNDAKKAL VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT-691 006.
7 DANIEL, AGED 21 YEARS S/O.JOHN, RESIDING AT HOUSE NO. 78, SNEHATHEERAM NAGAR, THILLERI, PALLITHOTTAM P.O, PALLITHOTTAM CHERI, BY ADV SMT.T.P.SINDHUMOL PP SMT.M.K PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.01.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BECHU KURIAN THOMAS, J ......….................................. CRL.M.C.No.1101 of 2015 ….................................. Dated this the 3 rd day of January, 2023

ORDER

Petitioner was the second accused in Crime No.1165/2014 of Pallithottam Police Station, which was pending consideration as C.C.No.2438/2014 on the files of the Judicial First Class Magistrate Court-II, Kollam. The relief sought for in this petition, filed under Section 482 of Cr.P.C., is to quash Annexure-A1 final report in the aforesaid crime.

2. During the pendency of this case, it is noticed that,

Crl.M.C.No.1002/2015 was filed by accused Nos. 1 to 7 and by order dated 18.02.2015 this Court had quashed all proceedings in C.C.No.2438/2014 of the Judicial First Class Magistrate Court-II, Kollam.

3. In view of the quashing of proceedings in

C.C.No.2438/2014 before the Judicial First Class Magistrate Court-II, Kollam by order dated 18.02.2015 in Crl.M.C.No.1002/2015, nothing further remains against the petitioner.

4. Hence, this Crl.M.C. has become infructuous and the same is dismissed as infructuous. Sd/- BECHU KURIAN THOMAS JUDGE AMV/03/01/2023

Same Court & Year Kerala · 2023 Same Parties SHANU vs State of Kerala Same Judge Honourable Mr. Justice Bechu Kurian Thomas