IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 Crl.MC.No. 4307 of 2005() ------------------------- CC.134/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI .................... PETITIONER(S): ACCUSED. ----------------------- 1. SUBAIR, S/O.ALIYAMU HAJI, THIYYATTIL VEEDU, KOPPAM, PULASSERI. 2. FAIZAL, S/O.KUNHAPPA @ MUHAMMED, THIYYATTIL VEEDU, KOPPAM. 3. SAINUDHEEN, S/O.MUHAMMED, CHINNAMTHODI VEEDU, KOPPAM. BY ADV. SRI.C.M.KAMMAPPU RESPONDENT(S): COMPLAINANT AND STATE. ------------------------------------- 1. S.I.OF POLICE, PATTAMBI. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI.B. JAYASURYA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl. M.C No.4307/2005 -2- APPENDIX PETITIONER'S ANNEXURE ANNEXURE - I : TRUE COPY OF THE ORDER IN CC 726/2002 OF JFCM, PATTAMBI DATED 31ST MARCH 2005. //TRUE COPY// P.A. TO JUDGE AMG B.P. RAY, J. ------------------------------------------------- Crl. M.C No.4307 OF 2005 ------------------------------------------------- DATED THIS THE 8th DAY OF AUGUST, 2011 O R D E R Heard Learned Counsel for the petitioners and the learned Public Prosecutor. 2. Petitioners are accused No.5, 6 and 8 in Crime No.429/2001 registered by Pattambi Police for offences punishable under Sections 143, 147, 148, 324 read with 149 IPC. The case is now pending as CC No.134/2005 on the file of Judicial First Class Magistrate Court, Pattambi. Learned counsel for the petitioners submits that by judgment dated 31-03-2005 in CC No.726/2002, the learned Judicial First Class Magistrate Court, Pattambi acquitted other accused by following findings: “6. Points No.1 to 3:- All these points can be considered together. CWs 1 to 4 are the injured and they are examined as PW1, PW5, PW2 and PW3. PW4 is the alleged occurrence witness. The case was registered on the basis of F.I statement given by PW1 to the police. PW1 deposed that on 20-10-2001 at 9.30. p.m. at the road at Koppam 2-3 persons came and beat him, he sustained injuries on his head, PWs 2, 3 and 5 also sustained injuries, they were treated in the hospital, but he could not see who are the persons who caused hurt to him and others due to darkness and he has not stated to the police that the accused caused hurt to him and the others. He also stated that the Crl.M.C No.4307/2005 -2- matter is settled. PW2, PW3 and PW5 who are the other injured also stated that they do not know who caused hurt to them and they have not stated to the police that the accused caused hurt to them. They also stated that the matter is settled. PW4 who is the alleged occurrence witness deposed that he has neither seen the incident nor stated to the police that he has seen the incident. PWs 1 to 5 are declared as hostile to the prosecution. PW6 is the attester of Ext.P2 scene mahazar. Since nothing has come out against accused Nos.1 to 4 and 7 from the evidence of PWs 1 to 6 the remaining witness are given up by the Assistant Public Prosecutor. 7. The evidence of PWs 1 to 6 does not show that the Accused Nos.1, 2, 3, 4 and 7 have committed the offence alleged against them. Nothing has come out against them from the evidence of PWs 1 to 6. So there is no evidence to prove the prosecution case against A1 to A4 and A7. These points are found against the prosecution.” 3. In view of the above findings, no useful purpose will be served by directing the petitioners to face trial. Accordingly, I direct that CC No.134/2005 pending on the file of Judicial First Class Magistrate Court, Pattambi be treated as closed. This Crl.M.C is allowed as above. Sd/- B.P. RAY, JUDGE. AMG True copy P.A to Judge