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2021 Supreme(Ker) 1153

SOPHY THOMAS
Babu @ Achayan – Appellant
Versus
Thankachan Aged – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. V.A. Johnson.

ORDER :

1. This petition has been filed by the learned counsel for the petitioner in the above Crl. M.C. for recalling the order dated 10.11.2021.

2. The Crl. M.C. was filed by the sole accused in Crime No. 555 of 2014 of Pudunagaram Police Station to quash the final report pending before the Judicial First Class Magistrate, Chittur. As per order dated 10.11.2021, the Crl. M.C. was allowed quashing the final report in C.C No. 1852 of 2014 of JFCM, Chittur, under Section 482 Cr.P.C. and the petitioner/accused was set at liberty.

3. Thereafter, on 15.11.2021, above petition has been filed to recall the order dated 10.11.2021, stating that after pronouncing the order, when the counsel contacted his client, he came to know that the petitioner/accused was already acquitted by JFCM, Chittur on 28.09.2020. Learned counsel for the petitioner is tendering his apology for the inadvertent mistake committed by him and he is seeking recall of the order as the matter has become infructuous.

4. In order to verify the facts, a report was called for from JFCM, Chittur, and a report was placed before this Court. The report dated 06.12.2021 says that the stay order from the High Court was communicated on

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