IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 Crl.MC.No. 3858 of 2011() ------------------------------------- CC.NO.241/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONER(S): ACCUSED ---------------------------------------- ABDUL RAZAK,AGED 32 YEARS, S/O.ABDU,RESIDING AT MUTTOM,MADAYI P.O, KANNUR DISTRICT. BY ADV. SRI.ZUBAIR PULIKKOOL SRI.P.S.BINU RESPONDENT(S): COMPLAINANTS ----------------------------------------------------- 1. ABDUL RAHIMAN,AGED 44 YEARS, S/O.KHADER KUNHI,RESIDING AT VELLACHAL, MADAYI P.O,KANNUR DISTRICT.PIN-670 305 2. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA. ERNAKULAM-PIN-682 031 R1 BY ADV. SMT.P.A.ANEESHA R2 BY PUBLIC PROSECUTOR SRI.N.SURESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.3858/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX 1 COPY OF THE JUDGMENT IN CC.641/1995. ANNEX II COPY OF THE FINAL REPORT. ANNEX III COPY OF THE AFFIDAVIT SWORN BY THE 1ST RESPONDENT. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3858 of 2011 ----------------------------------- Dated this the 21st day of November 2011 O R D E R Petitioner was the 6th accused in C.C.No.641/1995. As this accused was absconding, the case against him was split up and refiled as C.C.No.241/2008. The accused who faced trial were acquitted by the learned Magistrate. The offences alleged against the accused are under Secs.143, 147, 148, 341, 323 and 326 r/w 149 IPC. The injured - de facto complainant is the first respondent herein who is represented in this Court by his counsel. Affidavit has been filed stating that the matter has been settled out of court. On going through the charge sheet, it is seen that as against this accused the allegation was that he voluntarily caused hurt by beating the complainant. There is no allegation of user of deadly weapon or causing of grevious hurt against this petitioner. In the light of the settlement arrived at, this Crl.M.C. is allowed. The proceeding in C.C.No.241/2008 Crl.M.C. No.3858 of 2011 -: 2 :- which is now pending before J.F.C.M., Payyannur is quashed. N.K.BALAKRISHNAN, JUDGE. Jvt