High Court Kerala High Court

Sathar vs State Of Kerala on 2 April, 2008

Kerala High Court
Sathar vs State Of Kerala on 2 April, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 1311 of 2008()


1. SATHAR, S/O.ALIKUNJU, AGED 33 YEARS,
                      ...  Petitioner
2. BASHEER, S/O.HASSANKUNJU, AGED 49 YEARS,

                        Vs



1. STATE OF KERALA, REPRESENTED BY PUBLIC
                       ...       Respondent

2. SUB INSPECTOR OF POLICE, KARUNAGAPPALLY.

                For Petitioner  :SRI.K.ABDUL JAWAD

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :02/04/2008

 O R D E R
                        V. RAMKUMAR, J.

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                     Crl.M.C.No. 1311 of 2008

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             Dated this the 2nd day of April , 2008


                                ORDER

Petitioners, who are counter petitioners 17 and 19 in

M.C.No.95/2006 on the file of the Sub Divisional Magistrate,

Kollam in a proceedings initiated under Section 107 Cr.P.C., seek

to quash the proceedings so far as they relate to the petitioners.

According to the petitioners, there is absolutely no material

against them so as to justify the initiation and continuation of

the proceeding against the petitioners.

2. Learned Public Prosecutor on instruction submitted that

there is absolutely no crime registered against the petitioners,

nor any circumstance made out against the petitioners so as to

justify the initiation of the proceedings under Section 107 Cr.P.C.

If so, the proceedings were initiated against the petitioners

without any basis at all. Hence, M.C.No.95/2006 on the file of

Crmc 1311/2008 -2-

the Sub Divisional Magistrate, Kollam so far as it relates to the

petitioners, who are counter petitioners 17 and 19 therein shall

stand quashed. This Crl.M.C.is allowed.

V. RAMKUMAR, JUDGE

ks.