IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 Crl.MC.No. 1801 of 2010() ------------------------- CC.16/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, TRIVANDRUM .................... PETITIONER(S): ----------------------- RAFEEQ, AGED 24 YEARS, S/O.M.KANI (WRONGLY SHOWN AS V.GUARD IN FIR) TC 61/600 (NEW) PARUTHIKUZHI, MANACAUD, THIRUVANANTHAPURAM 695 009. BY ADV. SRI.V.V.ASOKAN SRI.P.P.RAMACHANDRAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA,(SHO POONTHURA POLICE STATION) REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. T.C.SABU, TC.46/266 ASIF MANZIL NEAR PARUTHIKUZHI MOSQUE, MUTTATHARA WARD MUTTATHARA VILLAGE, THIRUVANANTHAPURAM DISTRICT. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1801 of 2010 = = = = = = = = = = = = = = Dated this the 26 th day of May, 2010 ORDER Petitioner, who is the 1st accused in C.C.No.16 of 2010 on the file of J.F.C.M-II, Thiruvananthapuram seeks to quash the proceedings in the above case. The offences alleged against the petitioner and nine others are those punishable under Sections 143,147 and 323 read with 149 IPC. 2. In fact the trial of the case has already been started and PWs.1 to 3 have already been examined and the case stands posted to 3.8.2010 for the rest of the prosecution evidence. While so, the injured/de facto complainant has compounded the offence punishable under Section 323 IPC as against all the accused persons and a petition to that effect has been filed before the Magistrate. According to the petitioner he has got selection as a public servant and he has to undergo training and the continued trial of the case may entail delay. He, therefore, prays for a direction to the court below to record the compensation so far as Section 323 IPC is concerned. In case the learned Magistrate compounds the offence punishable Crl. M.C. No. 1801 of 2010 2 under Section 323 IPC, it goes without saying that there cannot be any unlawful assembly or rioting by any member of an unlawful assembly since the common object of the assembly which was to commit the offence punishable under Section 323 IPC which is being compounded. 3. Upon the composition of the offence punishable under Section 323 IPC, the court below shall discharge the accused persons of the remaining offences which cannot have any independent legs to stand on. The learned Magistrate shall dispose of the case within two weeks of receipt of a copy of this judgment. Dated this the 26th day of May, 2010. V. RAMKUMAR, JUDGE sj