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MUHAMMED KABEER v. STATE OF KERALA

Kerala High Court
Jan 27, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

MONDAY, THE 27TH DAY OF JANUARY 2020 / 7TH MAGHA, 1941 Crl.MC.No.4640 OF 2019(H)

AGAINST THE ORDER/JUDGMENT IN CC 993/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I,MANJERI

CRIME NO.177/2018 OF Karuvarakundu Police Station , Malappuram

PETITIONER/ACCUSED:

MUHAMMED KABEER, AGED 47 YEARS

S/O.MOIDEEN KUTTY, PUTHOOR HOUSE, AKKARAPPURAM,

MALAPPURAM DISTRICT

BY ADVS.

SRI.C.A.NAVAS

SRI.T.K.SASIKUMAR

RESPONDENTS/COMPLAINANTS:

1 STATE OF KERALA

REPRESENTED BY THE PUBLIC PROSECUTOR

HIGH COURT OF KERALA, ERNAKULAM 682031.

2 SUB INSPECTOR OF POLICE

KARUVARAKUND POLICE STATION,

MALAPPURAM DISTRICT 687601

3 SHABEEB, MINOR, AGED 10YEARS,

REPRESENTED BY HIS FATHER ABDUL SALAM,

S/O POKKAR, MANNUKUNNAN HOUSE, THUVVUR AMSOM, THUVVUR.P.O., MALAPPURAM DISTRICT PIN - 679 327

R3 BY ADV. SRI.K.I.SAGEER

BY PUBLIC PROSECUTOR SRI. T.R. RENJITH

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION

ON 27.01.2020, THE COURT ON THE SAME DAY PASSED THE

FOLLOWING:

1

-2-

Crl.M.C.No.4640 of 2019 -----------------------------------

O R D E R

This is a proceedings under Section 482 of the Code of Criminal Procedure for quashing Annexure-A2 Final Report pending trial before the Judicial First Class Magistrate Court-I, Manjeri in C.C.No. 993 of 2018.

2. The petitioner is the accused in the said case. The case was one registered under Section 324 of the Indian Penal Code and under Section 75 of the Juvenile Justice (Care and Protection of Children) Act.

3. The accusation is that the accused who is the teacher of the victim boy has hit him using a stick when the victim boy failed to obey his direction to recite Quran.

4. It is seen that the parents of the victim boy have no grievance against the accused and the father of the victim boy has filed an affidavit to that effect in this proceedings.

5. Heard the learned counsel for the petitioner, the learned Public Prosecutor as also the learned counsel for the father of the victim boy.

-3-

6. Though the matter is settled between the parties, I have examined the accusation in the case and found that this is a matter that could be settled and closed in the light of the decision of the Apex Court in Gian singh v. State of Punjab, [(2012) 10 SCC 303], invoking the jurisdiction under Section 482 of the Code of Criminal Procedure.

In the result, the Crl.M.C. is allowed and Annexure-A2 Final Report pending trial before the Judicial First Class Magistrate Court-I, Manjeri in C.C.No. 993 of 2018 and all further proceedings thereto are quashed.

Sd/-

P.B.SURESH KUMAR

JUDGE

ds 28.01.2020

-4-

APPENDIX

PETITIONER'S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF FIR CRIME NO.

177/2018 OF KARUVARAKUND POLICE STATION

ALONG WITH COMPLAINT

ANNEXURE A2 THE CERTIFIED COPY OF FINAL REPORT IN

CC NO.993/2018 OF JFCM COURT-1, MANJERI

ANNEXURE A3 THE CERTIFIED COPY OF SCENE MAHSAR

FILED IN CC NO.993/2018 OF JFCM COURT-

1, MANJERI

ANNEXURE A4 THE CERTIFIED COPY OF WOUND CERTIFICATE

FILED IN CC NO.993/2018 OF JFCM COURT-

1, MANJERI

ANNEXURE A5 TRUE COPY OF CONSENT LETTER ATTESTED BY

GAZETTED OFFICER DATED 23.10.2019.

ANNEXURE A6 TRUE COPY OF CONSENT LETTER ATTESTED BY

GAZETTED OFFICER DATED 23.10.2019.

ANNEXURE A7 TRUE COPY OF ORIGINAL AFFIDAVIT DATED

25-10-2019.