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Vijitha.C vs State Of Kerala on 2 April, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE N.ANIL KUMAR

TUESDAY ,THE 02ND DAY OF APRIL 2019 / 12TH CHAITHRA, 1941

Crl.MC.No. 3202 of 2015

AGAINST THE ORDER/JUDGMENT IN CC 371/2015 of JUDICIAL MAGISTRATE
OF FIRST CLASS -II, KANNUR DATED 12-05-2015

CRIME NO. 1320/2014 OF Valappatanam Police Station , Kannur

PETITIONER/DEFACTO COMPLAINANT:

VIJITHA.C,AGED 29 YEARS
D/O. KESAVAN NAIR V., CHERIYAN HOUSE,
KOTTARATHUM PARA, AZHEKODE P.O., KANNUR DISTRICT.

BY ADVS.
SRI.M.SASINDRAN
SRI.A.ARUNKUMAR

RESPONDENTS/STATE/ACCUSED:

1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM -682 034.

2 MANOJKUMAR, AGED 49 YEARS,S/O. NARAYANAN,
CHANDROTH HOUSE, AZHEEKODE P.O OOLADITHAZHAM, KANNUR
– 670 009.

3 NEETHA PRADHEEPAN, AGED 44 YEARS,W/O. PRADHEEPAN,
VEENA NIVAS, SHIVAJI ROAD,ALAVIL P.O.,
KANNUR – 670 001.

4 RAJITHA VINOD, AGED 38 YEARS,
W/O. VINOD, INDHEEVARAM, OOLADHITHAZHAM,
AZHEEKODE P.O OOLADITHAZHAM, KANNUR – 670 009.

BY ADVS.
SRI.K.R.AVINASH (KUNNATH)
SRI.ABDUL RAOOF PALLIPATH
SRI.E.MOHAMMED SHAFI
SRI.K.R.AVINASH (KUNNATH)
SRI.PRAJIT RATNAKARAN

SR.PP SRI.C.M.KAMMAPPU

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
02.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 3202 of 2015 2

ORDER

The petitioner is the defacto complainant in Crime

No.1320/2014 of Valapattanam police station for the offence

punishable under section 498A of the Indian Penal Code

(hereinafter referred to as the IPC). After conducting

investigation, the police filed final report for the offence

punishable under section 498A IPC, before the Judicial First

Class Magistrate Court-II, Kannur. The court accepted the

final report and took cognizance of the offence punishable

under section 498A IPC and numbed as C.C.No.371/2015.

Thereafter, the investigating officer filed an application as

Crl.M.P.No.2273/2015 before the Court for conducting further

investigation in the case. The Court below allowed the

application and granted permission to conduct further

investigation in the case. Challenging the same, the

petitioner is before this Court.

2. When the case has come up for hearing, the

learned counsel for the petitioner submits that the case is

settled between the parties and all the disputes between the

parties has been settled. In view of the above, the learned
Crl.MC.No. 3202 of 2015 3

counsel for the petitioner submits that the Crl.M.C is not

pressed. The submission is recorded.

In the result, the Crl.M.C stands dismissed as not

pressed.

Sd/-

N.ANIL KUMAR

JUDGE
Crl.MC.No. 3202 of 2015 4

APPENDIX
PETITIONER/S EXHIBITS

ANNEXURE A1 – A TRUE COPY OF THE FIR

ANNEXURE AII – A TRUE COPY OF THE COMPLAINT PREFERRED BY THE
PETITIONER

ANNEXURE AIII – A TRUE COPY OF THE FINAL REPORT IN CRIME NO.13

20 OF 2014 OF VALAPATTANAM POLICE STATION

ANNEXURE AIV – A TRUE COPY OF THE APPLICATION AS C.M.P.NO.2027
OF 20156 BEFORE THE JUDICIAL FIRST ASS MAGISTRATE-II, KANNUR,

ANNEXURE AV- A TRUE COPY OF THE ORDER DATED 31.03.2015 IN C.M.P.
NO.2027 OF 20156 OF THE JUDICIAL FIRST CLASS MAGISTRATE-II,
KANNUR

ANNEXURE AVI- A TRUE COPY OF THE PETITION FILED AS CMP.NO.2273
OF 20156 IN C.CC.NO.371 OF 2015

ANNEXURE AVII – A TRUE COPY OF THE ORDER DATED 12.05.2015 IN
C.M.P.NO.2273 OF 2015 IN C.C.NO.371 OF 2015 OF THE JUDICIAL
FIRST CLASS MAGISTRATE-II, KANNUR.

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