Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS FRIDAY, THE 20TH DAY OF DECEMBER 2019 / 29TH AGRAHAYANA, 1941 Crl.MC.No.4461 OF 2018 CRIME NO.1388/2017 OF Aroor Police Station , Alappuzha PETITIONER/S:
1 CLINTON ANTONY, AGED 23 YEARS, S/O. ANTONY XAVIER, KALITHAPARAMBIL HOUSE,AROOR P.O, CHERTHALA TALUK, ALAPPUZHA DISTRICT,PIN 688 534. 2 JAMES K.V, AGED 39 YEARS, S/O. VARGHESE, KONTHURUTHY, KOCHI,PIN 682 013 3 BIJU A.C, AGED 40 YEARS, S/O. CLEATUS, ANANTHURUTHIL HOUSE,CHELEVANNOOR ROAD, VYTILLA P.O, ERNAKULAM, PIN 682 019 4 SUJITH FRANCIS, AGED 38 YEARS, S/O. FRANCIS, DOOR NO. 204,NAVY QUARTERS, PANAMPILLY NAGAR, KOCHI, PIN 682 682 036. BY ADV. SRI.J.KRISHNAKUMAR (ADOOR) RESPONDENT/S: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, KOCHI 2 SUB INSPECTOR OF POLICE, AROOR POLICE STATION, ALAPPUZHA DISTRICT, PIN 688 534. 3 AMBILY, AGED 41 YEARS, W/O. SHIBU,KAYAPURATH VEETIL,WARD NO. 14,AROOR PANCHAYAT, AROOR P.O,ALAPPUZHA DISTRICT, PIN 688 534. OTHER PRESENT: SRI. C.N. PRABHAKARAN PP THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 20.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
Crl.M.C.No. 4461 of 2018 Dated this the 20th day of December, 2019
ORDER
Sri.J.Krishnankumar (Adoor), learned counsel appearing for the petitioners submits on the basis of the instructions of his parties that as final report/charge sheet has been finalised and filed before the competent criminal court during the pendency of this Crl.M.C., the petitioners have been advised to withdraw the Crl.M.C. with liberty to file a fresh Crl.M.C. making a challenge as against the abovesaid final report/charge sheet and that this Court may accordingly grant leave to the petitioners to withdraw the Crl.M.C. Liberty accorded to the petitioners to work out their remedies in accordance with law. Further it is ordered that the Registry will return back certified copies of Anx.I FIR and additional document produced as Anx.VII final report/charge sheet to the petitioners' counsel, if a request in that regard is made. However, the Registry will ensure that photocopies of those documents are retained in the original case file for the purpose maintenance of records. With the abovesaid liberty, the above Crl.M.C. will stand dismissed as withdrawn. Sd/- sdk+ ALEXANDER THOMAS, JUDGE - : 3 :- APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE 1 CERTIFIED COPY OF THE FIR NO. 1388/2017
DATED 24-11-2017 REGISTERED BY THE ADOOR POLICE STATION TOGETHER WITHE THE STATEMENT GIVEN BY THE DEFACTO COMPLAINANT, THE THIRD RESPONDENT ANNEXURE II A TRUE COPY OF THE REPORT PUBLISHED IN THE NEWSPAPER, MALAYALA MANORAMA ON 25-11-2017 ANNEXURE III A TRUE COPY OF THE CAUSALTY REGISTRATION CARD DATED 28-11-2018 GENERAL HOSPITAL ERNAKULAM, OUT PATIENT REGISTRATION CARD DATED 29-11-2018 OF GENERAL HOSPITAL EERNAKULAM AND AUDIOLOGICAL EVALUATION DATED 29-11-2017 OF GENERAL HOSPITAL ERNAKULAM, IN RESPECT OF SAID INJURIES/DISORDERS SUSTAINED BY THE FIRST PETITIONER. ANNEXURE IV A TRUE COPY OF THE CLAIM PETITION ALONG WITH THE ANNEXED DOCUMENT FILED BY THE SECOND PETITIONER BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT- II,CHERTHALA ANNEXURE V A TRUE COPY OF THE COMPLAINT LODGED BY THE FIRST PETITIONER BEFORE THE DIRECTOR GENERAL OF POLICE ANNEXURE VI A TRUE COPY OF THE LETTER DATED 22-12-2017 SENT BY THE FIRST PETITIONER TO THE GOVERNMENT SEEKING PERMISSION FOR PROSECUTION (WITHOUT THE ENCLOSURES THEREIN) ANNEXURE VII COPY OF THE FINAL REPORT DTD.28.11.2017.