Niyas vs Victim

NIYAS vs Victim

Type Court Judgment Court Kerala Orders Decided Mar 29, 2019

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https://sooperkanoon.com/case/1870072

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Citation: sooperkanoon.com/1870072
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Alexander Thomas
Decided On: Mar 29, 2019
Case Number: Crl.MC/3952/2018

Parties & Advocates

Appellant / Petitioner

NIYAS

Respondent

Victim

Excerpt

.....the court on the same day passed the following: crl.m.c.no.3952/2018 2alexander thomas, j.------------------------------------------- crl.m.c.no.3952 of 2018 ---------------------------------------------- dated this the 29th day of march, 2019orderit is pointed out by the learned public prosecutor that the prayer in the present criminal miscellaneous case to quash the impugned annexure-2 fir in crime no.410/2016 of kuttiyadi police station has become rather superfluous for the simple reason that later the police has duly completed the investigation and has filed final report/ charge sheet in the case, which has led to the institution of s.c. no.399/2018 on the file of the special sessions court for pocso cases, kozhikode. further it is pointed out that there are two accused in this case and that the other accused is not a party in this proceedings and that without challenging the final report/ charge sheet, the present prayers may not be entertained by this court.2. sri. zubair pulikool, the learned counsel appearing for thepetitioner would submit on the basis of instructions of his party that leave may be granted to the petitioners to withdraw this petition and to file a fresh comprehensive criminal miscellaneous case to challenge the final report in the matter and also after making the other accused also as party etc. leave is granted to the petitioners tocrl.m.c.no.3952/2018 3 work out their remedies. the learned counsel for the petitioners submits that the registry may be directed to return back the original of annexure-3 affidavit to him etc. the registry will return back the original of annexure-3 affidavit to the petitioners' counsel, if a request is made in that regard. however, the registry will ensure that a photocopy of the said document is placed in the case file for the purpose of maintenance of records. with the said liberty, the above criminal miscellaneous case will stand dismissed as withdrawn. sd/- alexander thomas, judge. acd.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS FRIDAY ,THE 29TH DAY OF MARCH 2019 / 8TH CHAITHRA, 1941 Crl.MC.No. 3952 of 2018 CRIME NO. 410/2016 OF Kuttiyadi Police Station , Kozhikode PETITIONERS/ACCUSED NO.1: NIYAS S/O.NASEER, AGED 25 YEARS, PALORA HOUSE, KATAMERI, P.O.VILLIAPPALLY, VATAKARA THALUK. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENTS/COMPLAINANTS: 1 SHAMEEMA.C.K., D/O. SOOPPY, AGED 20 YEARS (VICTIM) CHALIKKANDI NAMBAMVAYAL HOUSE, CHERAPURAM P.O., KAKKATTIL VIA., VATALARA TALUK, PIN - 673 507. 2 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM-682 031. BY ADV. SRI.B.MUHAMMED SHAHEEL OTHER PRESENT: SRI.B.MUHAMMED SHAHEEL FOR R1, SRI.AMJAD ALI, PUBLIC PROSECUTOR FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.No.3952/2018 2

ALEXANDER THOMAS, J.

------------------------------------------- Crl.M.C.No.3952 of 2018 ---------------------------------------------- Dated this the 29th day of March, 2019

ORDER

It is pointed out by the learned Public Prosecutor that the prayer in the present Criminal Miscellaneous Case to quash the impugned Annexure-2 FIR in Crime No.410/2016 of Kuttiyadi Police Station has become rather superfluous for the simple reason that later the Police has duly completed the investigation and has filed final report/ charge sheet in the case, which has led to the institution of S.C. No.399/2018 on the file of the Special Sessions Court for POCSO cases, Kozhikode. Further it is pointed out that there are two accused in this case and that the other accused is not a party in this proceedings and that without challenging the final report/ charge sheet, the present prayers may not be entertained by this Court.

2. Sri. Zubair Pulikool, the learned counsel appearing for the

petitioner would submit on the basis of instructions of his party that leave may be granted to the petitioners to withdraw this petition and to file a fresh comprehensive Criminal Miscellaneous Case to challenge the final report in the matter and also after making the other accused also as party etc. Leave is granted to the petitioners to

Crl.M.C.No.3952/2018 3 work out their remedies. The learned counsel for the petitioners submits that the Registry may be directed to return back the original of Annexure-3 affidavit to him etc. The Registry will return back the original of Annexure-3 affidavit to the petitioners' counsel, if a request is made in that regard. However, the Registry will ensure that a photocopy of the said document is placed in the case file for the purpose of maintenance of records. With the said liberty, the above Criminal Miscellaneous Case will stand dismissed as withdrawn. sd/- ALEXANDER THOMAS, JUDGE. acd Crl.M.C.No.3952/2018 4 APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE-1. MARRIAGE CERTIFICATE ISSUED ON KHAZI. ANNEXURE-2. TRUE COPY OF FIR IN CRIME NO.410/2016 OF KUTTIADI POLICE STATION. ANNEXURE-3. SWORN AFFIDAVIT OF 1ST RESPONDENT TRUE COPY P.S. TO JUDGE.

Same Court & Year Kerala Orders · 2019 Same Parties NIYAS vs Victim Same Judge Honourable Mr. Justice Alexander Thomas