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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 04TH DAY OF DECEMBER 2019 / 13TH AGRAHAYANA, 1941
Crl.MC.No.7738 OF 2019(F)
AGAINST THE ORDER/JUDGMENT IN SC 1027/2019 OF ADDITIONAL SUB
COURT,KOLLAM
CRIME NO.1128/2013 OF Kollam West Police Station , Kollam
PETITIONER/3RD ACCUSED:
ASHIK,
AGED 28 YEARS
S/O.ASAD,
KAVARATTU KIZHAKKATHIL VEEDU,
KAIRALI NAGAR - 146, KUREEPUZHA CHERRY,
SAKTHIKULANGARA VILLAGE, KOLLAM TALUK,
KOLLAM DISTRICT.
BY ADVS.
SRI.C.R.JAYAKUMAR
SRI.NOBEL RAJU
RESPONDENTS/COMPLAINANTS:
1
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2
THE STATION HOUSE OFFICER,
KOLLAM WEST POLICE STATION, KOLLAM - 691 013.
3
ANILKUMAR,
AGED 49 YEARS,
S/O.THULASEEDHARAN,
SARASWATHI BHAVAN, THIRUVONAM NAGAR -134,
KANNIMEL CHERRY, SAKTHIKULANGARA VILLAGE,
KOLLAM TALUK, KOLLAM DISTRICT - 691 581.
R3 BY ADV. S.K.PRADEEP
OTHER PRESENT:
SMT. V. SREEJA, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.7738 of 2019
2
Dated this the 4th day of December, 2019
Petitioner is the 3rd accused in Crime No.1128/2013 of
Kollam West Police Station for having allegedly committed offences
punishable under Sections 143,147,148,341,324,294(b),427 and 307
read with Section 149 of the I.P.C. The parent case was taken on file
of the Additional Assistant Sessions Court, Kollam as
SC No. 320/2016 and vide judjment dated 21.11.2018 at Annexure-8.
The accused is faced a trial were found not guilty and acquitted. In
the judjment it is seen that, the injured and the eye witnesses were
examined but all of them turned hostile in support of the prosecution
case. They have been specifically testified that they cannot identified
their assailance. Report has also been filed by the Investigating
Officer through the Senior Public Prosecutor. The defacto complainant
is the 3rd respondent and he has appeared through counsel and filed
an affidavit to the effect that the matter has been settled with the
petitioner and he has no grievance against him.
There is no public interest involved. In view of the
acquittal of the accused to be faced and trialed and in view of the
3
settlement between the parties, the Crl.MC is allowed and the entire
proceedings in Crime No.1128/2013 of kollam West Police Station,
presently pending as SC No.1027/2019 against the petitioner shall
stand quashed under Section 482 of Cr.P.C and the accused is
discharged.
Sd/-
ASHOK MENON
JUDGE
NR/04.12.19
4
APPENDIX
PETITIONER'S/ EXHIBITS:
ANNEXURE A1
THE CERTIFIED COPY OF THE FIR NO.1128/2013
OF KOLLAM WEST OF POLICE STATION, KOLLAM.
ANNEXURE A2
THE CERTIFIED COPY OF THE FINAL REPORT IN
FIR NO.1128/2013 OF KOLLAM WEST POLICE
STATION, KOLLAM.
ANNEXURE A3
THE CERTIFIED COPY OF THE DEPOSITION OF
PW1.
ANNEXURE A4
THE CERTIFIED COPY OF THE DEPOSITION OF
PW2.
ANNEXURE A5
THE CERTIFIED COPY OF THE DEPOSITION OF
PW3.
ANNEXURE A6
THE CERTIFIED COPY OF THE DEPOSITION OF
PW4
ANNEXURE A7
THE CERTIFIED COPY OF THE DEPOSITION OF
PW5.
ANNEXURE A8
THE CERTIFIED COPY OF THE JUDGMENT DATED
21/11/2018 IN SC NO.320/2016 ON THE FILES
OF ADDITIONAL ASSISTANT SESSIONS COURT,
KOLLAM.
ANNEXURE A9
THE AFFIDAVIT PREPARED BY THE 3RD
RESPONDENT DATED 31/10/2019.
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