Salman vs the State of Kerala

Salman vs The State of Kerala

Type Court Judgment Court Kerala Decided Apr 07, 2021

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https://sooperkanoon.com/case/1710421

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Citation: sooperkanoon.com/1710421
Court: Kerala High Court
Judge: Honourable Mr. Justice P.Somarajan
Decided On: Apr 07, 2021
Case Number: Crl.MC/5654/2020

Parties & Advocates

Appellant / Petitioner

Salman

Respondent

The State of Kerala

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice p.somarajan wednesday, the 07th day of april 2021 / 17th chaithra, 1943 against the order/judgment in cc 23/2020 of judicial magistrate of first class -ii,perinthalmanna crime no.78/2019 of pandikkad police station , malappuram petitioners/accused:1 salman aged 25 years s/o. musthafa, pappadathil house, kadambode p.o., panthallur, malappuram district-676 521. 2 musthafa, aged 51 years s/o. pappadathil muhammed, pappadathil house, kadambode p.o., panthallur, malappuram district-676 521. by adv. sri.r.ranjith (manjeri) respondents/state, defacto complainant & injured:1 the state of kerala represented by the public prosecutor, high court of kerala, ernakulam, kochi-682031- for the sub inspector of police, pandikkad station, malappuram district. 2 musfir v.m aged 19 years s/o. muhammed basheer, vilakkumadathil house, mullampara, manjeri p.o., malappuram district-676 121. rb by adv.sri.ramesh chand, public prosecutor r2 by adv. a.p.nidhin kumar this criminal misc. case having been finally heard on 07.04.2021, the court on the same day passed the following:orderthe matter settled out of the court. an affidavit sworn by the defacto complainant is produced. the offences alleged are under section 341, 323, 326 r/w section 34 ipc. hence if it is proceeded further, it will not serve any purpose. the final report and the further proceedings are hereby quashed. the crl.m.c. is allowed accordingly. sd/- p.somarajan judge spv appendix petitioners' exhibits: annexure a true copy of the final report in crime no.78/2019 of the pandikkad police station. annexure b true copy of the affidavit sworn by the 2nd respondent, dated 20.11.2020. respondents' exhibits: nil //true copy// pa to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943 AGAINST THE ORDER/JUDGMENT IN CC 23/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,PERINTHALMANNA CRIME NO.78/2019 OF PANDIKKAD POLICE STATION , MALAPPURAM PETITIONERS/ACCUSED:

1 SALMAN AGED 25 YEARS S/O. MUSTHAFA, PAPPADATHIL HOUSE, KADAMBODE P.O., PANTHALLUR, MALAPPURAM DISTRICT-676 521. 2 MUSTHAFA, AGED 51 YEARS S/O. PAPPADATHIL MUHAMMED, PAPPADATHIL HOUSE, KADAMBODE P.O., PANTHALLUR, MALAPPURAM DISTRICT-676 521. BY ADV. SRI.R.RANJITH (MANJERI) RESPONDENTS/STATE, DEFACTO COMPLAINANT & INJURED:

1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031- FOR THE SUB INSPECTOR OF POLICE, PANDIKKAD STATION, MALAPPURAM DISTRICT. 2 MUSFIR V.M AGED 19 YEARS S/O. MUHAMMED BASHEER, VILAKKUMADATHIL HOUSE, MULLAMPARA, MANJERI P.O., MALAPPURAM DISTRICT-676 121. RB BY ADV.SRI.RAMESH CHAND, PUBLIC PROSECUTOR R2 BY ADV. A.P.NIDHIN KUMAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 07.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

The matter settled out of the Court. An affidavit sworn by the defacto complainant is produced. The offences alleged are under Section 341, 323, 326 r/w Section 34 IPC. Hence if it is proceeded further, it will not serve any purpose. The final report and the further proceedings are hereby quashed. The Crl.M.C. is allowed accordingly. Sd/- P.SOMARAJAN JUDGE SPV APPENDIX PETITIONERS' EXHIBITS: ANNEXURE A TRUE COPY OF THE FINAL REPORT IN CRIME NO.78/2019 OF THE PANDIKKAD POLICE STATION. ANNEXURE B TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT, DATED 20.11.2020. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// PA TO JUDGE

Same Court & Year Kerala · 2021 Same Parties Salman vs The State of Kerala Same Judge Honourable Mr. Justice P.Somarajan