Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE20H DAY OF MAY2014/30TH VAISAKHA, 1936 Crl.MC.No. 2570 of 2014 () --------------------------- CC. NO.1156/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MALAPPURAM. CRIME NO. 446/2010 OF KONDOTTY POLICE STATION. ......... PETITIONER/ACCUSED: ---------------------------------- ABDUL MAJEED, S/O.RAYEENKUTTY, CHELOTT AYAKOTTIL, CHELLOT HOUSE, MUTHUVALLUR, MALAPPURAM DISTRICT. BY ADVS.SRI.BABU S. NAIR, SRI.K.RAKESH. RESPONDENTS/STATE & COMPLAINANT & INJURED: ------------------------------------------------------------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, KONDOTTY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31.
2. KANNANKUTTY, S/O.CHERUTHADATHIL KARI, MUTHUVALLUR AMSOM, KONDOTTY, MALAPPURAM DISTRICT, PIN-673 638.
3. VASU, S/O.AKKARAPARAMBIL NAVUTTY, MUTHUVALLUR AMSOM, KONDOTTY, MALAPPURAM DISTRICT, PIN-673 638.
4. THANKA, W/O.CHERUTHADATHIL KANNANKUTTY, MUTHUVALLUR AMSOM, KONDOTTY, MALAPPURAM DISTRICT, PIN-673 638.
5. VALLI, W/O.PANGOTTU CHATHAN, MUTHUVALLUR AMSOM, KONDOTTY, MALAPPURAM DISTRICT, PIN-673 638.
6. MANEESHA, D/O.CHERUTHADATHIL KANNANKUTTY, MUTHUVALLUR AMSOM, KONDOTTY, MALAPPURAM DISTRICT, PIN-673 638. R1 BY PUBLIC PROSECUTOR MR.C.K. JAYAKUMAR. R2 TO R6 BY ADV. SRI.R.RANJITH. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON2005-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. Crl.MC.No. 2570 of 2014 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A COPY OF THE MEMORANDUM OF EVIDENCE AND CHARGE SHEET IN CRIME NO.446/2010 OF THE KONDOTTY POLICE STATION. ANNEXURE-B COPY OF THE JUDGMENT
IN C.C.1449/2010 OF THE J.F.C.M, MALAPPURAM DATED2711-2013. ANNEXURE-C COPY OF THE AFFIDAVIT SWORN TO BY THE2D RESPONDENT DATED2204-2014. ANNEXURE-D COPY OF THE AFFIDAVIT SWORN TO BY THE3D RESPONDENT DATED2204-2014. ANNEXURE-E COPY OF THE AFFIDAVIT SWORN TO BY THE4H RESPONDENT DATED2204-2014. ANNEXURE-F COPY OF THE AFFIDAVIT SWORN TO BY THE5H RESPONDENT DATED2204-2014. ANNEXURE-G COPY OF THE AFFIDAVIT SWORN TO BY THE6H RESPONDENT DATED2204-2014. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE rs. A.HARIPRASAD, J.
= = = = = = = = = = = = = Crl.M.C.No.2570 of 2014. = = = = = = = = = = = = = Dated this the 20th May, 2014. ORDER
Kondotty Police has registered Crime No.446/2010 against the petitioner and other accused alleging offences punishable under Sections 143, 147, 148, 341, 323, 324 r/w.Section 149 IPC. The prosecution case is that on 27.10.2010 at about 22.30 hours the accused persons formed themselves into an unlawful assembly and in furtherance of their common object to commit the offences attacked the de facto complainants.
2. Heard the learned counsel for the petitioner and the learned counsel for respondents 2 to 6. Heard the learned Public Prosecutor also.
3. The learned counsel for the petitioner submitted that all the other accused, except the petitioner, stood a trial before the concerned Magistrate and they had been acquitted as per Annexure-B judgment finding that there is Crl.M.C.No.2570/2014. 2 no evidence to implicate the accused persons in the crime. Learned Magistrate further observed that the matter has been settled between the parties. Annexures C to G are the affidavits filed by the injured witnesses(respondents 2 to 6) stating that they have no grievance against the petitioner and they have no objection in terminating the criminal proceedings pending against the petitioner as well. Considering the entire aspects I find that further prosecution of the case will be a futile exercise. Hence the following order.
4. In the result, this petition is allowed. Annexure-A final report in Crime No.446/2010 of Kondotty Police Station pending before the Judicial First class Magistrate Court, Malappuram in CC.No.1156/2013 is hereby quashed. Sd/- A.HARIPRASAD, (JUDGE) Kvs/- -// true copy //-