Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
THURSDAY, THE 12TH DAY OF APRIL 2018 / 22ND CHAITHRA, 1940
Crl.MC.No. 1665 of 2018
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CRIME NO. 580/2017 OF FEROKE POLICE STATION ,
KOZHIKODE DISTRICT
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PETITIONERS/ACCUSED
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1. MUHAMMED VASEEM SAJJAD.S @ MUHAMMED VASEEM
S/O.SHAMNAD, AGED 23,
RESIDING AT K.R. NIVAS,
CHALAI, THIRUVANANTHAPURAM, PIN- 695 001
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
SHAHIR AHAMAED, S/O. AHAMED
AGED 30, RESIDING AT TC 48/453, SWAGATH NAGAR
MANACAUD.P.O. THIRUVANANTHAPURAM, PIN- 695 009
2.
SKY ARC TRADERS, (WRONGLY SHOWN AS SILY ARC TRADERS IN THE
FIR NO. 580/2017 OF FEROK POLICE STATION) REPRESENTED BY ITS
PROPRIETOR MUHAMMED VASEEM SAJJAD.S. @ MUHAMMED VASEEM THROUGH
HIS POWER OF ATTORNEY HOLDER SHAHIR AHAMAED, S/O. AHAMED,
AGED 30 RESIDING AT TC 48/453, SWAGATH NAGAR, MANACAUD P.O.,
THIRUVANANTHAPURAM, PIN- 695 009
BY ADV.SRI.SAJU.S.A
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
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1. STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA ,ERNAKULAM, PIN- 682 031
2. V. JAFFER
S/O. VENGATTU ABDULLA,
'JASMINE HOUSE', PETTA, FEROKE, KOZHIKODE, PIN- 673 631
R1 BY SR PUBLIC PROSECUTOR SRI. ALEX M THOMBRA
R2 BY ADV. SRI.R.RAMADAS
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12-04-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sdr/-
12.04.18
Crl.MC.No. 1665 of 2018 ()
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APPENDIX
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PETITIONER(S)' ANNEXURES
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ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO. 580/17 OF FEROKE
POLICE STATION DATED 13.10.2017
ANNEXURE A2 TRUE COPY OF THE ORDER NO.32110223624/2016-17
DATED 6.12.2017 PASSED BY ASST.COMMISSIONER-3,
SPECIAL CIRCLE-1, SGST, DEPARTMENT 7KOZHIKODE
FOR YEAR 2016-17
ANNEXURE A3 TRUE COPY OF THE ORDER NO. 32110223624/2017-18
DATED 6.12.2017 PASSED BY ASST.COMMISSIONER-3,
SPECIAL CIRCLE-1, SGST, DEPARTMENT KOZHIKKODE
FOR YEAR 2017-18
ANNEXURE A4 AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED
8.3.2018
RESPONDENTS ANNEXURES
NIL
/TRUE COPY/
PA TO JUDGE
sdr/-
12.04.18
K.ABRAHAM MATHEW J.
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Crl.M.C. NO.1665 OF 2018
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Dated this the 12th day of April, 2018
ORDER Petition filed under Section 482 Cr.P.C.
2.Petitioners are the accused in Crime No.580 of 2017 of Feroke Police Station registered for the offences under Sections 420, 468 and 471 IPC. 2nd respondent is the victim. It is submitted that the matter has been settled and the proceedings may be quashed. It was noticed that the interest of Sales Tax Department is involved in it. It is submitted by the learned Public Prosecutor that the Asst. Commissioner Special Circle-I, GST Department, Kozhikode has informed him in writing that the department has no objection to the prayer being granted.
4.I have perused the affidavit filed by the 2nd respondent, who has entered appearance through counsel. I am satisfied that the allegation of settlement is true and no public interest is involved in this case. There is no impediment for granting the prayer of the petitioners. In the result, this Crl.M.C is allowed. The proceedings in Crime No.580 of 2017 of Feroke Police Station are quashed. K.ABRAHAM MATHEW JUDGE pm
