IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU THURSDAY, THE 25TH OCTOBER 2007 / 3RD KARTHIKA 1929 Crl.MC.No. 1545 of 2003() ------------------------- CC.288/1997 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONER: 6TH ACCUSED ----------------------- SATHYAN, AGED 38 YEARS, S/O. LAKSHMANAN M.K., KELOTH, PAYYANNUR BY ADV. SRI.V.N.RAMESAN NAMBISAN SRI.M.V.AMARESAN RESPONDENTS: COMPLAINANT ------------------------ STATE- REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI C.K.SURESH THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 25/10/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.P.NO.8932/2003 IN CRL.M.C.NO.1545/2003 DISMISSED. SD/- K.R.UDAYABHANU, JUDGE 25/10/2007 ORDER ON CRL.M.P.NO.9164/2003 IN CRL.M.C.NO.1545/2003 CLOSED. SD/- K.R.UDAYABHANU, JUDGE 25/10/2007 \\TRUE COPY// K.R.UDAYABHANU, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Crl.M.C.No.1545 of 2003-C ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 25th day of October, 2007 O R D E R The petitioner herein who is the accused in C.C.No.288/1997, the split up case from C.C.No.484/1993 in the file of the Judicial Magistrate of the First Class, Payyannur, has sought for getting quashed the proceedings pending against him on the allegation that he is not at all involved in the incident allegedly charged under Sections 143, 147, 148 read with Section 149 of the Indian Penal Code and Section 3(2)(e) of the Prevention of Damages to Public Property Act. He has relied on the judgment in C.C.No.484/1993 wherein the occurrence witnesses have stated that they have not seen the incident. 2. I find that as per Annexure-I judgment in C.C.No.484/1993 the occurrence witnesses are PWs.4 and 5 who have testified that they have not seen the incident. They are the only occurrence witnesses as per the final report. In the circumstances, I find that no purpose will be served in further proceeding with the matter. Hence, C.C.No.288/1997 in the file of the Judicial Magistrate of the First Class, Payyannur, is herewith quashed. The Criminal M.C is allowed. K.R.UDAYABHANU, Judge ms