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Dhanesh, vs State of Kerala,

Dhanesh, vs State of Kerala,

Type Court Judgment Court Kerala Decided Nov 09, 2020
~3 min read
https://sooperkanoon.com/case/1810403

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Crl.MC/5438/2019

Parties & Advocates

Appellant / Petitioner

Dhanesh,

Respondent

State of Kerala,

Excerpt

.....dhanesh, aged 36 years, s/o mohanan, pallikkal kizhakkathil veedu, janakeeya nagar-8, east of uliyakovil temple, uliyakovil cherry, kollam east village, kollam district- 691001. by advs.sri.k.siju smt.s.seetha respondents/state & defacto complainant: 1 state of kerala, represented by the public prosecutor, high court of kerala, ernakulam- 31. 2 the station house officer, eravipuram police station, kollam- 691011. 3 shinu, aged 36 years, s/o shanmughan, shine nivas, karuvelil ward, pavithreswaram village, kollam district- 691507. r3 by adv. a.muhammed raffi by public prosecutor sri. ramesh chand. this criminal misc. case having been finally heard on 09.11.2020 along with crl.mc.5462/2019(c). the court on the same day passed the following: crl.m.c.nos.5462 & 5438 of 2019 3orderthe offences alleged are under sections 457 and 381 ipc alleging the commission of theft of article in possession of servant during the course of discharge of official function. the defacto complainant filed an affidavit by which the matter was settled between the parties. if it is proceeded further, it will not serve any purpose. as such, for the ends of justice, both the crl.m.cs are allowed by quashing the entire proceedings initiated against the accused. both the crl.m.c.s are allowed accordingly. sd/- p.somarajan judge dmr/- crl.m.c.nos.5462 & 5438/2019 4 appendix of crl.mc 5462/2019 petitioner's annexures: annexure 1 the certified copy of fir in crime no.2348/2013 of kollam east police station. annexure 2 the certified copy of final report in crime no.2348/2013 of kollam east police station. annexure 3 the affidavit sworn by the 3rd respondent regarding settlement dated 28.6.2019. respondents' annexure: nil // true copy // p.a. to judge crl.m.c.nos.5462 & 5438/2019 5 appendix of crl.mc 5438/2019 petitioner's annexures: annexure 1 the certified copy of fir in crime no.2007/2013 of eravipuram police station. annexure 2 the certified copy of final.....

Full Judgment

Crl.M.C.Nos.5462 & 5438/2019 1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN MONDAY, THE 09TH DAY OF NOVEMBER 2020 / 18TH KARTHIKA, 1942 Crl.MC.No.5462 OF 2019(C) LP 126/2014 (C.C.No.9/2014) OF CHIEF JUDICIAL MAGISTRATE, KOLLAM CRIME NO.2348/2013 OF KOLLAM EAST POLICE STATION, KOLLAM PETITIONER/ACCUSED: DHANESH, AGED 36 YEARS, S/o MOHANAN, PALLIKKAL KIZHAKKATHIL VEEDU, JANAKEEYA NAGAR-8, EAST OF ULIYAKOVIL TEMPLE, ULIYAKOVIL CHERRY, KOLLAM EAST VILLAGE, KOLLAM DISTRICT-691001. BY ADVS.SRI.K.SIJU SMT.S.SEETHA RESPONDENTS/STATE & DEFACTO COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. 2 THE STATION HOUSE OFFICER, KOLLAM EAST POLICE STATION, KOLLAM-691001. 3 SHINU, AGED 36 YEARS, S/o SHANMUGHAN, 'SHINE NIVAS', KARUVELIL WARD, PAVITHRESWARAM VILLAGE, KOLLAM DISTRICT-691507. R3 BY ADV. A.MUHAMMED RAFFI BY PUBLIC PROSECUTOR SRI. RAMESH CHAND THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09.11.2020 ALONG WITH Crl.MC.5438/2019(H). THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.Nos.5462 & 5438 of 2019 2

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN MONDAY, THE 09TH DAY OF NOVEMBER 2020 / 18TH KARTHIKA, 1942 Crl.MC.No.5438 OF 2019(H) CC No.3073/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM CRIME NO.2007/2013 OF ERAVIPURAM POLICE STATION, KOLLAM PETITIONER/ACCUSED: DHANESH, AGED 36 YEARS, S/o MOHANAN, PALLIKKAL KIZHAKKATHIL VEEDU, JANAKEEYA NAGAR-8, EAST OF ULIYAKOVIL TEMPLE, ULIYAKOVIL CHERRY, KOLLAM EAST VILLAGE, KOLLAM DISTRICT- 691001. BY ADVS.SRI.K.SIJU SMT.S.SEETHA RESPONDENTS/STATE & DEFACTO COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 31. 2 THE STATION HOUSE OFFICER, ERAVIPURAM POLICE STATION, KOLLAM- 691011. 3 SHINU, AGED 36 YEARS, S/o SHANMUGHAN, SHINE NIVAS, KARUVELIL WARD, PAVITHRESWARAM VILLAGE, KOLLAM DISTRICT- 691507. R3 BY ADV. A.MUHAMMED RAFFI BY PUBLIC PROSECUTOR SRI. RAMESH CHAND. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09.11.2020 ALONG WITH Crl.MC.5462/2019(C). THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.Nos.5462 & 5438 of 2019 3

ORDER

The offences alleged are under Sections 457 and 381 IPC alleging the commission of theft of article in possession of servant during the course of discharge of official function. The defacto complainant filed an affidavit by which the matter was settled between the parties. If it is proceeded further, it will not serve any purpose. As such, for the ends of justice, both the Crl.M.Cs are allowed by quashing the entire proceedings initiated against the accused. Both the Crl.M.C.s are allowed accordingly. Sd/- P.SOMARAJAN JUDGE DMR/- Crl.M.C.Nos.5462 & 5438/2019 4 APPENDIX OF Crl.MC 5462/2019 PETITIONER'S ANNEXURES: ANNEXURE 1 THE CERTIFIED COPY OF FIR IN CRIME NO.2348/2013 OF KOLLAM EAST POLICE STATION. ANNEXURE 2 THE CERTIFIED COPY OF FINAL REPORT IN CRIME NO.2348/2013 OF KOLLAM EAST POLICE STATION. ANNEXURE 3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT REGARDING SETTLEMENT DATED 28.6.2019. RESPONDENTS' ANNEXURE: NIL // TRUE COPY // P.A. TO JUDGE Crl.M.C.Nos.5462 & 5438/2019 5 APPENDIX OF Crl.MC 5438/2019 PETITIONER'S ANNEXURES: ANNEXURE 1 THE CERTIFIED COPY OF FIR IN CRIME NO.2007/2013 OF ERAVIPURAM POLICE STATION. ANNEXURE 2 THE CERTIFIED COPY OF FINAL REPORT IN CRIME NO.2007/2013 OF ERAVIPURAM POLICE STATION. ANNEXURE 3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT REGARDING SETTLEMENT DATED 28.06.2019. RESPONDENTS' ANNEXURE: NIL // TRUE COPY // P.A. TO JUDGE

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Same Court & Year Kerala · 2020 Same Parties Dhanesh, vs State of Kerala, Same Judge Honourable Mr. Justice P.Somarajan

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