Sojan K. Soman, vs Sujith

Type Court Judgment Court Kerala Decided Apr 30, 2019

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Citation: sooperkanoon.com/1896931
Court: Kerala High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: Apr 30, 2019
Case Number: Crl.MC/2668/2019

Parties & Advocates

Appellant / Petitioner

Sojan K. Soman,

Respondent

Sujith

Excerpt

.....kanakambaram, mandanathuparambil house, namboorichanmala bhagom, kureekkad village, chottanikkara, ernakulam district-682 312 2 sarun sankar, aged 30 years s/o. sankar, nettikkatt house, adimaly kara, adimaly village, iddukki district-685 602 3 state of kerala, represented by the public prosecutor, high court of kerala-682 031 r1-2 by adv. sri.p.m.arun das smt. k k sheeba pp this criminal misc. case having come up for admission on 30.04.2019, the court on the same day passed the following: crl.mc.no. 2668 of 2019 3orderthe petitioners are accused in c.c.no.246/2016 on the files of the judicial first class magistrate court, chottanikkara.2. the learned counsel for thepetitioners submits that the matters between the two injured persons and the petitioners have been resolved and that the injured persons do not have any complaint whatsoever. one of the injured had sustained a grievous hurt and section 326 of ipc has also been incorporated.3. the leaned public prosecutor has gotinstructions that the injured has no complaint. the petitioners do not have any criminal antecedents. in view of the settlement of the matter, the criminal m.c. is allowed. all further proceedings in c.c.no.246/2016 on the files crl.mc.no. 2668 of 2019 4 of the judicial first class magistrate court, chottanikkara will stand quashed under section 482 cr.p.c. sd/- ashok menon judge sb/30/04/2019 crl.mc.no. 2668 of 2019 5 appendix petitioner's/s exhibits: annexure a1 certified copy of the f.i. statement. annexure a2 certified copy of the fir. annexure a3 certified copy of the charge sheet. annexure a4 affidavit of 1st respondent. annexure a5 affidavit of 2nd respondent. respondents exts: nil // true copy // p.a to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON TUESDAY, THE 30TH DAY OF APRIL 2019 / 10TH VAISAKHA, 1941 Crl.MC.No. 2668 of 2019 AGAINST THE ORDER IN CC 246/2016 of JUDICIAL FIRST CLASS MAGIST. COURT, CHOTTANIKKARA(TEMPORARY) CRIME NO. 592/2015 OF CHOTTANIKKARA POLICE STATION , Ernakulam PETITIONER/S:
1 SOJAN K. SOMAN, AGED 35 YEARS S/O. SOMAN, KOLLAMPARAMBIL HOUSE, KANAYANNUR KARA, 2 JINURAJ/ MUTHU, AGED 35 YEARS S/O. RAJU, KINGINISSERIL HOUSE, ERUVELI KARA, KANAYANNUR VILLAGE, ERNAKULAM DIST. 3 AJITH V.U, AGED 29 YEARS S/O. UNNIKRISHNAN, VADAKKEPARAYIL HOUSE, ERUVELI KARA, KANAYANNUR VILLAGE, ERNAKULAM DISTRICT. 4 VINEESH K.C., AGED 27 YEARS S/O. CHANDRAN, KINGINISSERIL HOUSE, ERUVELI KARA, 5 ARUL P. ASHOKAN, AGED 35 YEARS S/O. ASHOKAN, PALLATHUPARAMBIL HOUSE, ERUVELI KARA, 6 LATHEESH, AGED 35 YEARS S/O. VELAYUDHAN, KATTIRIPPUMALAYIL HOUSE, ERUVELI KARA, KANAYANNUR VILLAGE, ERNAKULAM DISTRICT. 7 VINEETH, AGED 30 YEARS S/O. RADHAKRISHNAN, CHERUMANCHIRAYIL HOUSE, ERUVELI KARA, KANAYANNUR VILLAGE, ERNAKULAM DISTRICT. 8 VIJAY UNNIKRISHNAN, AGED 25 YEARS S/O. UNNIKRISHNAN, KOLAKKATTU HOUSE, ERUVELI KARA,
BY ADV.SRI.IEANS.C.CHAMAKKALA SRI.BINU.B.SAMUEL Crl.MC.No. 2668 of 2019 2 RESPONDENT/S: 1 SUJITH, AGED 35 YEARS S/O. KANAKAMBARAM, MANDANATHUPARAMBIL HOUSE, NAMBOORICHANMALA BHAGOM, KUREEKKAD VILLAGE, CHOTTANIKKARA, ERNAKULAM DISTRICT-682 312 2 SARUN SANKAR, AGED 30 YEARS S/O. SANKAR, NETTIKKATT HOUSE, ADIMALY KARA, ADIMALY VILLAGE, IDDUKKI DISTRICT-685 602 3 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682 031 R1-2 BY ADV. SRI.P.M.ARUN DAS SMT. K K SHEEBA PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 2668 of 2019 3

ORDER

The petitioners are accused in C.C.No.246/2016 on the files of the Judicial First Class Magistrate Court, Chottanikkara.

2. The learned counsel for the

petitioners submits that the matters between the two injured persons and the petitioners have been resolved and that the injured persons do not have any complaint whatsoever. One of the injured had sustained a grievous hurt and Section 326 of IPC has also been incorporated.

3. The leaned Public Prosecutor has got

instructions that the injured has no complaint. The petitioners do not have any criminal antecedents. In view of the settlement of the matter, the Criminal M.C. is allowed. All further proceedings in C.C.No.246/2016 on the files Crl.MC.No. 2668 of 2019 4 of the Judicial First Class Magistrate Court, Chottanikkara will stand quashed under Section 482 Cr.P.C. Sd/- ASHOK MENON JUDGE SB/30/04/2019 Crl.MC.No. 2668 of 2019 5 APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A1 CERTIFIED COPY OF THE F.I. STATEMENT. ANNEXURE A2 CERTIFIED COPY OF THE FIR. ANNEXURE A3 CERTIFIED COPY OF THE CHARGE SHEET. ANNEXURE A4 AFFIDAVIT OF 1ST RESPONDENT. ANNEXURE A5 AFFIDAVIT OF 2ND RESPONDENT. RESPONDENTS EXTS: NIL // TRUE COPY // P.A TO JUDGE

Same Court & Year Kerala · 2019 Same Parties Sojan K. Soman, vs Sujith Same Judge Honourable Mr. Justice Ashok Menon