IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 Crl.MC.No. 4320 of 2011() ------------------------- SC.5/2011 of ADDL. SESSIONS COURT (ADHOC-III), KASARAGODE ............................................................................. PETITIONER(S): ACCUSED ---------------------- 1. ABOOBACKER, AGED ABOUT 36 YEARS, A1 S/O.MUHAMMED, CHANADUKA HOUSE, KOYARA KOCHI, NEKARJE VILLAGE, KASARAGOD. 2. B.K.BASHEER, AGED 33 YEARS, A2 S/O.SEETHI, RAHMANIYA MANZIL, PONJOOMOOLA, NEKARJE VILLAGE & POST, KASARAGOD. BY ADVS . SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): RESPONDENTS/COMPLAINANT/STATE -------------------------------------------- 1. B.R.GOPALAN, AGED 50 YEARS, S/O.LATE RAGHAVAN, BALAKUDA HOUSE, NEKARAJE VILLAGE - 670016. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031. R1 BY ADV. SMT.REJITHA RAJAN R2 BY PUBLIC PROSECUTOR SMT.JASMINE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: JM CRMC NO. 4320 OF 2011 APPENDIX PETITIONER(S) EXHIBITS ANNEXURE-A1: THE CERTIFIED COPY OF THE FINAL REPORT FILED BY THE 2ND RESPONDENT. ANNEXURE-A2: CERTIFIED COPY OF THE JUDGEMENT IN SC NO.65/2003 ANNEXURE-A3: AFFIDAVIT OF THE DEFACTO COMPLAINANT. RESPONDENTS' EXHIBITS : NIL \TRUE COPY\\ PA TO JUDGE JM N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C.No. 4320 of 2011 ------------------------------------------ Dated this the 16th day of December, 2011 ORDER Petitioners were the 3rd and 6th accused in Sessions Case No.65/03 of Additional District and Session Judge (Adhoc) - III, Kasaragod. There were altogether 7 accused persons in that case. Others are faced trial and they were acquitted by the trial court. These petitioners were absconding, thus the case against them was split-up and it was refiled as SC No.5/11. It is now pending before that court. CW1 who is the first respondent herein is represented in this court by his counsel. It is submitted that the entire matter was settled earlier. Only two eye witnesses who were examined for trial, as per Annexure – A2 judgment, did not support the prosecution. That also is pointed out as one of the reasons to quash the charge against these petitioners. First respondent has filed affidavit to that effect. He has no grievance in the matter against the Crl.M.C.No. 4320 of 2011 -: 2 :- petitioners herein. Considering all the aspects, I find that no purpose would be served by proceeding further in the matter. Hence this petition is allowed. Proceedings against these petitioners in SC. No.65/03 of of Additional District and Session Judge (Adhoc) - III, Kasaragod is qushed. N.K. BALAKRISHNAN, JUDGE. smvd