IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 Crl.MC.No. 3526 of 2011 ---------------------------------- [S.C.NO.216/1995 OF ADDITIONAL ASSISTANT SESSIONS COURT, KOLLAM] .................... PETITIONERS/ACCUSED NOS. 4 & 14: ------------------------------------------------------ 1. AHAMMED KUNJU, S/O.MUHAMMED MYTHEEN KUNJU, KOCHUKALEEKAL THEKKATHIL, MEMANA, OACHIRA VILLAGE, KOLLAM. 2. VAHID, S/O.IBRAHIM KUTTY, PALLIYUDE KIZHAKKATHIL VEEDU, PAYIKUZHI MURI, OACHIRA VILLAGE, KOLLAM DISTRICT. BY ADVS. SRI. K.SIJU, SMT.BINDU GEORGE. RESPONDENT/COMPLAINANT & STATE: ---------------------------------------------------------- STATE OF KERALA, REPRESENTED BY DEPUTY SUPERINTENDENT OF POLICE, KARUNAGAPPALLY THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. BY PUBLIC PROSECUTER SMT. R. REMA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO. 3526/2011: APPENDIX PETITIONERS' ANNEXURES:- ANNEXURE I: THE COPY OF THE F.I.R IN CRIME NO.42/1992 OF OACHIRA POLICE STATION. ANNEXURE 2: THE COPY OF FINAL REPORT FILED BY THE 2ND RESPONDENT IN CRIME NO.42/1992 OF OACHIRA POLICE STATION. ANNEXURE 3: THE COPY OF COMMON JUDGMENT PASSED BY THE ASST. SESSIONS COURT, KOLLAM IN S.C NO.216/1995, SC.NO.8/1996 AND SC NO.25/1997 DATED 8.10.2002. ANNEXURE 4: THE COPY OF JUDGMENT IN CRL.M.C.NO.2367/2005. ANNEXURE 5: THE COPY OF COMMON ORDER PASSED IN CRL.M.C NO.1690/2011 AND 1713/2011 DATED 13.6.2011. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3526 of 2011 ---------------------------------------------------- Dated this the 18th day of October, 2011 Order Accused Nos.4 and 14 in C.P.No.167 of 2011 on the file of JFCM Court, Karunagappally are the petitioners. Crime No.42 of 1992 of Oachira Police Station was registered against more than 100 persons as accused. The offences alleged against them are under Sections 143, 147, 148, 324, 332, 333, 307 and 120(b) read with 149 IPC and Section 3(2)(a) of the PDPP Act. The allegation was that on 1.4.1992 at about 8.20 AM the accused blocked the road on the National Highway in front of Oachira Mosque and also in front of Mahalekshmi temple. When the police party reached there and when they were removing the road block, the accused threw stones, bricks and other objects against the police party with intended to cause the death. The police officials sustained injuries. Charge sheet was laid against 101 persons. Earlier some of the accused persons faced trial. They were acquitted by the learned Magistrate since nobody did identify the accused. The evidence given by P.W.1 as regards the Crl.M.C.3526/2011 2 identity of A1 was not accepted by the learned Assistant Sessions Judge. Though 17 witnesses were examined to prove the incident, none of them did state the identity of assailants. Hence those accused were acquitted. Subsequently, when four persons approached to this court, the case against them was quashed as per the order dated 8.8.2005. Again another accused approached this court, the case against him was also quashed as per the order passed in Crl.M.C.No.1690/2011. In the light of what is stated above, the learned counsel for the petitioner submits that it would be a futile exercise to proceed with the trial as against other accused persons since the witnesses have to repeat the same version which they had given earlier. Therefore, I find no purpose will be served by proceeding with the trial. This Crl.M.C. is hence allowed. Further proceedings as against the petitioners (A4 and A14) in C.P.No.167 of 2011 (C.P.No.67/2000) on the file of JFCM Court, Karunagappally is quashed. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.3526/2011 3 Crl.M.C.3526/2011 4