JAINAL ABDIN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the accused in Crime No. 2162/2021 of Kothamangalam Police Station which was registered on 24/8/2021 alleging offence under Sec. 380 of the Indian Penal Code, on account of theft of a mobile phone worth Rs.27,000.00. The learned counsel for the petitioner submits that the petitioner and the second respondent/defacto complainant are friends and natives of Assam, they came to Kerala in search of job and were sharing the very same room. Meanwhile, the mobile phone of the second respondent was found missing and that was how the crime was launched. Now the matter has been settled between the parties. The petitioner is still in judicial custody. The learned counsel for the petitioner submits an affidavit sworn by the second respondent has been produced.

(2.) I heard the learned counsel for the petitioner, the learned Senior Public Prosecutor and also the learned counsel for the second respondent.

(3.) The affidavit indicates that the crime was launched on a misunderstanding, his phone was misplaced and he has no further complaint against the petitioner.