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Mohammed Koya vs State Of Kerala on 12 November, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MRS. JUSTICE ANNIE JOHN

TUESDAY, THE 12TH DAY OF NOVEMBER 2019 / 21ST KARTHIKA, 1941

Crl.MC.No.7539 OF 2015

CRIME NO.234/2015 OF Sreekrishnapuram Police Station , Palakkad

PETITIONER/2ND ACCUSED :-

MOHAMMED KOYA
AGED 58 YEARS
S/O.ALIAMMU, THAZHATHETHIL VEEDU, MANNAMPATTA POST,
ESWARAMANGALAM, PALAKKAD.

BY ADVS.
SRI.SUNIL NAIR PALAKKAT
SRI.K.N.ABHILASH
SRI.M.A.AHAMMAD SAHEER

RESPONDENTS/STATE COMPLAINANT :-

1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.

2 SUB INSPECTOR OF POLICE
SREEKRISHNAPURAM POLICE STATION,
SREEKRISHNAPURAM, PALAKKAD-679513.

3 FOUSIA
AGED 26 YEARS
D/O.MARAKKAR, POMPRA POST, OTTAPPALAM,
PALAKKAD-679101.

R1 R2 BY SRI.M.S.BREEZ, SR.P.P

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
12.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.7539 OF 2015

2

ORDER

Dated this the 12th day of November 2019

This petition is filed against the FIR

No.234/2015 dated 26.03.2015 of the Sreekrishnapuram

Police Station, Palakkad District. The petitioner is

the 2nd accused in FIR No.234/2015 of the

Sreekrishnapuram Police Station registered under

Sections 498A, 406 and 420 r/w 34 of the Indian

Penal Code. The FIR was registered on the basis of

Annexure-A1 complaint filed by the 3rd respondent

before the JFCM Ottappalam, which was subsequently

forwarded to the Sreekrishnapuram Police Station for

investigation. Accordingly, the 2nd respondent has

registered Annexure-A2 FIR against the petitioners.

2. Now the petition has taken for

consideration, the learned Public Prosecutor has

submitted that the charge sheet has already filed on

30.05.2015, now the case stands for trial.

3. The statement filed by the Sub Inspector

of Police of the Sreekrishnapuram Police Station is
Crl.MC.No.7539 OF 2015

3

filed this Court on 11.12.2015. Now the present

petition is filed to quash the entire proceedings

initiated in FIR No.234/2015. Since, the charge

sheet is already filed before filing of the

petition, I find that the prayer in the petition

has become infructuous. It is only liable to be

dismissed.

In the result, this Crl.M.C is dismissed.

Sd/-

ANNIE JOHN
JUDGE

SMA
Crl.MC.No.7539 OF 2015

4

APPENDIX

PETITIONER(S)’ ANNEXURES :-

ANNEXURE-A1 : TRUE COPY OF THE COMPLAINT NO.1787/2015 BY
THE THIRD RESPONDENT BEFORE THE JFCM,
OTTAPPALAM.

ANNEXURE-A2 : TRUE COPY OF THE FIR NO.234/2015 DATED
25.03.2015 OF THE SREEKRISHNAPURAM POLICE
STATION.

RESPONDENT(S)’ ANNEXURES :- NIL

//TRUE COPY//

PA TO JUDGE

SMA

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