IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Crl.MC.No. 4030 of 2011() ------------------------------ CC.401/2009 of JUDL. MAGISTRATE OF FIRST CLASS-III, KOZHIKODE .................... PETITIONER(S):ACCUSED NO.1. -------------------------------------- V.SREEJESH, S/O. KARUNAKARAN VELLADATHIL HOUSE, EDAKKAD PO, KOZHIKODE. BY ADVS. SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP RESPONDENT(S): DEFACTO COMPLAINANTS & STATE -------------------------------------------------------------- 1. JAGADEESH, S/O.VASUDEVAN RESIDING AT ATHIRKATTIL HOUSE, KARUVISSERY VENGERI, KOZHIKODE 673 010. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM - 31. R1 BY ADV. SRI.HANSON.P.MATHEW R2 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC. NO. 4030/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A:COPY OF THE POLICE CHARGE FILED AGAINST THE PETITIONER AND OTHERS. ANNEXURE B:COPY OF THE TREATMENT CERTIFICATE ISSUED TO CHARGE WITNESS NO DT.28.6.2008. ANNEXURE C:THE AFFIDAVIT SWORN BY THE DEFACTO COMPLAINANT DT.2.11.2011. ANNEXURE D:COPY OF THE JUDGMENT DT.30.6.2011 IN CC.401/2009 ON THE FILE OF JUDICIAL IST CLASS MAGISTRATE COURT III, KOZHIKODE. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.4030 of 2011 ----------------------------------- Dated this the 25th day of November 2011 O R D E R Petitioner was the first accused in C.C.No.401/2009 on the file of J.F.C.M.-III, Kozhikode. There were altogether four accused in that case. The other three accused faced trial and they were acquitted by the learned Magistrate. This petitioner was absconding and so the case against him was split up and refiled as C.C.No.364/2011. The offences alleged against him are under Secs.341, 326 and 324 r/w 34 IPC. Annexure D is the copy of the judgment passed by the learned Magistrate in which the other three accused who faced trial were acquitted. The learned counsel for the petitioner submits that the injured has been absent for quite long time. Even now, his whereabouts could not be traced out. He was examined earlier as PW2 and another injured was examined as PW1. They stated that they could not identify any of the assailants. It is also stated that the injured was having some psychic disorder and so, that is the Crl.M.C. No.4030 of 2011 -: 2 :- reason why he is seen now missing. One of the injured, who is the first respondent herein who was examined early as PW1 is represented in this Court by his counsel. His affidavit has been filed stating that he has no grievance against this petitioner also. No purpose will be served by putting the accused to trial. In the light of the facts and circumstances mentioned above, this Crl.M.C. is allowed. Further proceeding in C.C.No.364/2011 on the file of J.F.C.M.-III, Kozhikode is to be quashed. N.K.BALAKRISHNAN, JUDGE. Jvt