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Abdul Samad vs the State of Kerala

Abdul Samad vs The State of Kerala

Type Court Judgment Court Kerala Orders Decided Jul 04, 2023
~2 min read
https://sooperkanoon.com/case/1346191

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Citation
Court
Kerala Orders High Court
Judge
Decided On
Case Number
Crl.MC/5917/2017

Parties & Advocates

Appellant / Petitioner

Abdul Samad

Respondent

The State of Kerala

Excerpt

.....petitioner :- abdul samad, aged 46 years s/o.mohammed kunju,represented by shyla as next friend,aged 40, residing at b h building,karthikapally thaluk,keerikadu village,kayamkulam.p.o.-69502. by adv sri.abhilash s.francis respondents/state & de facto complainant :- 1 the state of kerala represented by public prosecutor, high court of kerala,ernakulam. 2 naha khan, s/o yousuf kunju, aged 46, padinjare mangalathu house, thekkumuri,keerikadu village, kayamkulam.p.o-690502, alappuzha dist.by advs. dr.v.n.sankarjee sri.s.sidhardhan smt.m.suseela smt.r.udaya jyothi sri.m.m.vinod smt.neema t.v., sr.pp this criminal misc. case having come up for admission on 04.07.2023, the court on the same day passed the following:orderwhen this matter was taken up for consideration, it was submitted by sri. abhilash s francis, the learned counsel appearing for the petitioner, that he has instructions to submit that the petitioner is not interested in prosecuting this matter since an application seeking compounding of the offense has been filed before the trial court. he requests that this petition be dismissed as not pressed. in view of the matter, this petition is dismissed as not pressed. sd/- raja vijayaraghavan v judge sma appendix of crl.mc 5917/2017 petitioner annexures :- annexure i the copy of fir dated 08/05/2017 in crime no.1091/2017 of kayamkulam police station annexure ii copy of fis dated 07/05/2017 in crime nio.1091/2017 of kayamkulam police station annexure iii the copy of finan report dated 14/06/2017 in the crime no.1091/17 in cc no.774/17 annexure iv the c0py of certificate dated 01/02/2017issued by dr.murali krishna menon,senior consultant-neuroligist of lakeshore hospital, ernakulam with regard to the treatment being given to the petitionerannexure v the copy of os 165/2017 filed by the petitioner through his wife as next friend before the hon'ble munsiff's court,kayamkulam annexure vi the copy of sale deed no.1037/16 dated 19.09.2016 purportedly.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 4TH DAY OF JULY 2023 / 13TH ASHADHA, 1945 AGAINST THE ORDER IN CC NO.774/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS, KAYAMKULAM PETITIONER :- ABDUL SAMAD, AGED 46 YEARS S/O.MOHAMMED KUNJU,REPRESENTED BY SHYLA AS NEXT FRIEND,AGED 40, RESIDING AT B H BUILDING,KARTHIKAPALLY THALUK,KEERIKADU VILLAGE,KAYAMKULAM.P.O.-69502. BY ADV SRI.ABHILASH S.FRANCIS RESPONDENTS/STATE & DE FACTO COMPLAINANT :- 1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2 NAHA KHAN, S/O YOUSUF KUNJU, AGED 46, PADINJARE MANGALATHU HOUSE, THEKKUMURI,KEERIKADU VILLAGE, KAYAMKULAM.P.O-690502, ALAPPUZHA DIST.

BY ADVS. DR.V.N.SANKARJEE SRI.S.SIDHARDHAN SMT.M.SUSEELA SMT.R.UDAYA JYOTHI SRI.M.M.VINOD SMT.NEEMA T.V., SR.PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.07.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

When this matter was taken up for consideration, it was submitted by Sri. Abhilash S Francis, the learned counsel appearing for the petitioner, that he has instructions to submit that the petitioner is not interested in prosecuting this matter since an application seeking compounding of the offense has been filed before the trial court. He requests that this petition be dismissed as not pressed. In view of the matter, this petition is dismissed as not pressed. Sd/- RAJA VIJAYARAGHAVAN V JUDGE SMA APPENDIX OF CRL.MC 5917/2017 PETITIONER ANNEXURES :- ANNEXURE I THE COPY OF FIR DATED 08/05/2017 IN CRIME NO.1091/2017 OF KAYAMKULAM POLICE STATION ANNEXURE II COPY OF FIS DATED 07/05/2017 IN CRIME NIO.1091/2017 OF KAYAMKULAM POLICE STATION ANNEXURE III THE COPY OF FINAN REPORT DATED 14/06/2017 IN THE CRIME NO.1091/17 IN CC NO.774/17 ANNEXURE IV THE C0PY OF CERTIFICATE DATED 01/02/2017

ISSUED BY DR.MURALI KRISHNA MENON,SENIOR CONSULTANT-NEUROLIGIST OF LAKESHORE HOSPITAL, ERNAKULAM WITH REGARD TO THE TREATMENT BEING GIVEN TO THE PETITIONER

ANNEXURE V THE COPY OF OS 165/2017 FILED BY THE PETITIONER THROUGH HIS WIFE AS NEXT FRIEND BEFORE THE HON'BLE MUNSIFF'S COURT,KAYAMKULAM ANNEXURE VI THE COPY OF SALE DEED NO.1037/16 DATED 19.09.2016 PURPORTEDLY EXECUTED BY THE PETITIONER IN FAVOUR OF 2ND RESPONDENT BEFORE SRO,KEERIKKAD ANNEXURE VII THE PHOTOCOPY OF THE RECENT PHOTOGRAPH OF THE PETITIONER FOR THE PURPOSE OF COMPARISON.

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