IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 Crl.MC.No. 139 of 2011() ------------------------------------- CP.NO.302/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,CHENGANNUR ...... (CRIME NO.460/2008 OF CHENGANNUR POLICE STATION) ... PETITIONER(S): ACCUSED A1-A4: --------------------------------------------------- 1. AJI, S/O.THAMBI, AGED 35 YEARS, AMBADIYIL HOUSE, PERISSERRY MURI, PULIYOOR VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. 2. UDAYAN, S/O.PODIYAN, AGED 33 YEARS, PLAKEEZHIL VEEDU, PADANADU PADINJARU MURI, PADANADU VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. 3. SAJEVAN, S/O.CHANDRASHEKARAN, AGED 33 YEARS, NADUVILAYIL VEEDU, PADANADU PADINJARU MURI, PADANADU VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. 4. PRAMOD, S/O.DEVAKARAN, AGED 32 YEARS, THURTHIKKADU VEEDU, PADANADU PADINJARU MURI, PADANADU VILLAGE, CHENGANNUR TALUK,ALAPPUZHA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. REJI @ THOMAS RAJU, AGED 33 YEARS, S/O.THOMAS, NADUVILAPARAMBIL, PERISSERRY MURI, PULIYOOR VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT-688 001. R1 BY PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANZAR R2 BY ADV. SRI.P.V.DILEEP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.139 of 2011 --------------------------------------- Dated this 24th day of January, 2011 ORDER Petitioners are accused in Crime No.460 of 2008 of Chengannur Police Station and C.P.No.302 of 2010 of the court of learned Judicial first Class Magistrate, Chengannur for offences punishable under Secs. 114, 326 and 308 r/w Sec.34 of the Penal Code. Case is that on 09.08.2008 at about 7p.m petitioner Nos.2 to 4, on petitioner No.1 pointing out respondent No.2/de facto complainant to them attacked the de facto complainant with sword stick and iron rod with intend to cause his death and which resulted in the fracture of leg of de facto complainant and which involved his tendon also. It is stated that petitioners and respondent No.2 have reached a settlement and accordingly respondent No.2 has filed the affidavit. I have heard learned Public Prosecutor also. 2. After arguing the matter for some time learned counsel has sought permission to withdraw the petition without prejudice to the right of petitioners to take up appropriate defence in the appropriate forum at the appropriate stage. Crl.M.C.No.139 of 2011 -: 2 :- 3. Having regard to the request made by learned counsel I am inclined to allow the request. Resultantly this petition is dismissed as withdrawn without prejudice to the right of petitioner to take up appropriate defence in the appropriate forum at the appropriate stage. (THOMAS P JOSEPH, JUDGE) Sbna/-