IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 Crl.MC.No. 3643 of 2011() ------------------------ LP.36/2001 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... PETITIONER(S)/7TH ACCUSED :- ----------------------------------------------- MORRIS ABRAHAM, S/O.ALEXANDER, ALUVILA VEEDU, SAKTHIKULANGARA, KOLLAM. BY ADV. SRI.DILEEP P.PILLAI RESPONDENT(S)/RESPONDENTS :- ------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 31. 2. VINOD, S/O.VIKRAMAN, EDACHIRAKKAL VEEDU, MARUTHADI SAKTHIKULANGARA, KOLLAM – 691 001. 3. BENEDICT, S/O.ANDREW, VALAVIL THAZHE VEEDU, MARUTHADI SAKTHIKULANGARA, KOLLAM – 691 001. 4. FRANCIS, S/O.BENCHAMIN, MOOLETHOPPIL VEEDU, MARUTHADI SAKTHIKULANGARA, KOLLAM – 691 001. ADV. SRI.T.GOPALAKRISHNAN FOR R2 TO R4 PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt Crl.M.C.No. 3643 of 2011 APPENDIX Petitioner's Exhibits :- Annexure A :- Copy of final report in L.P.No.36/2001 on the file of Judicial First Class Magistrate II, Kollam. Annexure B :- Copy of order in S.C.No.224/2007 dated 19.10.2010 on the file of Principal Assistant Sessions Court, Kollam. Annexure C :- Copy of Agreement executed between petitioner and respondents 2 to 4. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3643 of 2011 ----------------------------------- Dated this the 28th day of October 2011 O R D E R Petitioner is the 7th accused in Crime No.41/1999 of Sakthikulangara Police Station. He was absconding and so the case against him was transferred to the register of Long Pending Cases and it has been pending there as L.P.No.36/2001. The offences alleged against him are under Secs.143, 147, 148, 341, 324 and 308 r/w Sec.149 Cr.P.C. The learned counsel for the petitioner submits that the other accused who faced trial were acquitted by the learned Sessions Judge. Annexure B is the copy of the judgment in that case. The three injured persons mentioned in the charge sheet are respondents 2 to 4 herein. They are represented in this court by their counsel. Affidavits have been filed by those three injured persons stated that the matter was settled and that they have no Crl.M.C. No.3643 of 2011 -: 2 :- grievance in the matter. In the light of what is stated above, this Crl.M.C. is allowed. Further proceeding in L.P.No.36/2001 (Crime No.41/1999 of Sakthikulangara Police Station) is quashed. N.K.BALAKRISHNAN, JUDGE. Jvt