IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 6TH JUNE 2011 / 16TH JYAISHTA 1933 Crl.MC.No. 1541 of 2011() ------------------------------ SC.573/2010 of ASSISTANT SESSIONS COURT, VADAKARA .................... PETITIONER(S): ------------------- KUNIYIL HAMEED, S/O.MAMMU, KURIYIL HOUSE, VALAYAM AMSOM, KOZHIKODE DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): -------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, VALAYAM POLICE STATION, KOZHIKODE DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1541 of 2011 -------------------------------------- Dated this the 6th day of June, 2011. ORDER Petitioner is accused in S.C.No.573 of 2010 of the court of learned Assistant Sessions Judge, Vadakara arising from the final report in Crime No.203 of 2004 of Nadapuram Police Station for offences punishable under Sections 143, 147, 148, 448 and 307 read with Section 149 of the Indian Penal Code. On the basis of a final report filed by the Police against petitioner and others, case was taken on file as S.C.No.840 of 2006. Petitioner and others filed Crl.M.C.No.291 of 2010 in this Court to quash proceeding (on the strength of a settlement reached between parties). This Court passed Annexure-A2, order allowing the Criminal Miscellaneous Case and quashing proceedings in S.C. No.840 of 2006. According to the petitioner a copy of order was produced before the learned Assistant Sessions Judge but, learned Assistant Sessions Judge observed that case against petitioner was split up and refiled as S.C. No.559 of 2007. Thereon petitioner filed Crl.M.A.No.5779 of 2010 (in Crl.M.C.No.291 of 2010) for correction of the order in Crl.M.C. No.291 of 2010. That application was allowed by Annexure-A3, order as per which the case number so far as petitioner is concerned was corrected in the order as S.C. No.559 of 2007. According to the petitioner, learned Assistant Sessions Judge was still under no mood to accept Annexure-A3, order and drop proceeding against petitioner as learned Assistant Sessions Judge observed that petitioner has to produce a copy Cr.MC No.1541/2011 2 of the order specifically stating that all further proceeding in S.C.No.559 of 2007 is quashed. According to the petitioner, learned Assistant Sessions Judge is proceeding against petitioner in S.C.No.573 of 2010 (which is the split up case from S.C.No.559 of 2007). I have heard learned counsel for petitioner and the learned Public Prosecutor. 2. I am inclined to think that it is too technical a stand adopted by the learned Assistant Sessions Judge. It is not disputed that petitioner was the second petitioner in Crl.M.C.No.291 of 2010 and Annexure-A2, order shows that in view of the settlement between parties this Court allowed that Criminal Miscellaneous Case and directed that all proceeding in S.C.No.840 of 2006 of the court learned Assistant Sessions Judge will stand quashed and all further proceeding in that case, dropped. It is true that in the meantime, case against petitioner was split up and renumbered as S.C.No.559 of 2007. That case number was incorporated in Annexure-A2, order by amendment (by Annexure- A3, order). Thus, the proceeding against petitioner in S.C.No.559 of 2007 also stood quashed. Now for the reason that the case against petitioner was again split up and refiled as C.C.No.573 of 2010 I am not inclined to think that a fresh or further order quashing proceeding against petitioner is required. It is clarified that proceeding against petitioner in Crime No.203 of 2004 of Valayam Police Station has been quashed. Learned Assistant Sessions Judge shall, in the light Cr.MC No.1541/2011 3 of Annexures-A2 and A3, orders and the direction contained in this order close proceeding against petitioner in whichever is the split up Sessions Case number arising from S.C.Nos.840 of 2006 and 559 of 2007. This Criminal Miscellaneous Case is allowed with the above direction. THOMAS P.JOSEPH, Judge. cks