Sreenivasan vs State of Kerala

Type Court Judgment Court Kerala Decided Dec 17, 2019

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Citation: sooperkanoon.com/1889830
Court: Kerala High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: Dec 17, 2019
Case Number: Crl.MC/8956/2016

Parties & Advocates

Appellant / Petitioner

Sreenivasan

Respondent

State of Kerala

Excerpt

.....village, kollam dist. r2 by adv. sri.vinoy varghese kallumoottill other present: v.sreeja -p.p this criminal misc. case having come up for admission on 17.12.2019, the court on the same day passed the following: crl.mc.no. 8956 of 2016 2orderdated this the 17th day of december, 2019 the petitioner is the sole accused in cc.no. sasthamcotta for having allegedly committed offences punishable under sections 294(b), 341 and 323 of the ipc. the defacto complainant- injured is the 2nd respondent. they have appeared through counsel and filed an affidavit to the effect that the matter has been amicably settled and that he has no further grievance against the petitioner. a report has been obtained from the investigating officer. there is no public interest involved. the petitioner has no criminal antecedents. there is also a countercase pending as cc.no. 1179/2016 before the same court which has also been settled. in the result, the crl.m.c is allowed and the entire proceedings in cc.no.1144/2016 on the file of the judicial first class magistrate court, sasthamcotta stands quashed under section 482 of the cr.p.c and the accused is discharged. sd/- ashok menon judge asm crl.mc.no. 8956 of 2016 3appendix of crl.mc 8956/2016 petitioner's exhibits: annexure 1 a true copy of the fir dtd 25-03-2016 in crime no.558/2016 sasthamcotta police station annexure 2 a true copy of the final charge sheet dtd 29.04.1016 in cc.no. 1144/2016 in crime no. 558/2016 of sasthamcotta annexure 3 a true copy of the fir dated 25.03.2016 in crime. no.557/2016 of sasthamcotta annexrue 4 a true copy of the certified copy of the final charge sheet dtd.16.04.2016 in cc.no. 1179/2016 in crime no. 557/2016 of sasthamcotta police station.// true copy// ca to judge crl.mc.no. 8956 of 2016 4

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON TUESDAY, THE 17TH DAY OF DECEMBER 2019 / 26TH AGRAHAYANA, 1941 Crl.MC.No.8956 OF 2016 AGAINST THE ORDER/JUDGMENT IN CC 1144/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS , SASTHAMCOTTA CRIME NO.558/2016 OF Sasthamcotta Police Station , Kollam PETITIONER/ACCUSED: SREENIVASAN S/O VELAYUDHAN, AGED 56 YEARS, HARISREE (RAGHAVAMANDIR), MANAKKARA MURI, SASTHAMCOTTA VILLAGE BY ADVS. SRI.RASHEED C.NOORANAD SMT.ANITHA M.N. (EKM) RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA 2 HARIDASAN NAIR AGED 41 YEARS, S/O MURALEEDHARAN NAIR, PADAKKASSERY HOUSE, THRIKKUNNAPUZHA VADAKKU MURI, SOORNADU SOUTH VILLAGE, KOLLAM DIST. R2 BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL OTHER PRESENT: V.SREEJA -P.P THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC.NO. 8956 OF 2016 2

ORDER

Dated this the 17th day of December, 2019 The petitioner is the sole accused in CC.No. Sasthamcotta for having allegedly committed offences punishable under Sections 294(b), 341 and 323 of the IPC. The defacto complainant- injured is the 2nd respondent. They have appeared through counsel and filed an affidavit to the effect that the matter has been amicably settled and that he has no further grievance

  against the petitioner.    A report has been obtained from the
  Investigating Officer.   There is no public interest involved.   The
  petitioner has no criminal antecedents.     There is also a counter

case pending as CC.No. 1179/2016 before the same Court which has also been settled. In the result, the Crl.M.C is allowed and the entire proceedings in CC.No.1144/2016 on the file of the Judicial First Class Magistrate Court, Sasthamcotta stands quashed under Section 482 of the Cr.P.C and the accused is discharged. Sd/- ASHOK MENON JUDGE asm CRL.MC.NO. 8956 OF 2016 3

APPENDIX OF Crl.MC 8956/2016 PETITIONER'S EXHIBITS: ANNEXURE 1 A TRUE COPY OF THE FIR DTD 25-03-2016 IN CRIME NO.558/2016 SASTHAMCOTTA POLICE STATION ANNEXURE 2 A TRUE COPY OF THE FINAL CHARGE SHEET DTD 29.04.1016 IN CC.NO. 1144/2016 IN CRIME NO. 558/2016 OF SASTHAMCOTTA ANNEXURE 3 A TRUE COPY OF THE FIR DATED 25.03.2016 IN CRIME. NO.557/2016 OF SASTHAMCOTTA ANNEXRUE 4 A TRUE COPY OF THE CERTIFIED COPY OF THE FINAL CHARGE SHEET DTD.16.04.2016 IN CC.NO. 1179/2016 IN CRIME NO. 557/2016 OF SASTHAMCOTTA POLICE STATION.

// True Copy// CA to Judge CRL.MC.NO. 8956 OF 2016 4

Same Court & Year Kerala · 2019 Same Parties Sreenivasan vs State of Kerala Same Judge Honourable Mr. Justice Ashok Menon