IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 Crl.MC.No. 474 of 2010() ----------------------------------- CC.150/2008 of JUDL MAGISTRATE OF FIRST CLASS COURT-III, PALAKKAD CRIME NO.67/2000 OF THE HEMAMABIKA NAGAR POLICE STATION. .................... PETITIONER/ACCUSED NO.1 ------------------------------------------ ACHUTHA PRASAD, S/O. SUKUMARAN NAIR, 'SREEVALSAM', KIZHAKKENCHERRY, PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS/STATE & COMPLAINANT ------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (REPRESENTING THE SUB INSPECTOR OF POLICE, HEMAMABIKA NAGAR POLICE STATION, IN CRIME NO.67/2000). 2. THE PRINCIPAL, KENDRIYA VIDHYALAYA NO.1, HEMAMBIKA NAGAR, PALAKKAD. R1 BY PUBLIC PROSECUTOR MR.JAIBY PAUL. R2 BY SRI.V.V.ASOKAN, SRI.P.P.RAMACHANDRAN. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01/08/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 474 of 2010 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A: COPY OF THE FIR IN CRIME NO.67/2000 OF THE HEMAMBIKA NAGAR POLICE STATION. ANNEXURE B: COPY OF THE FINAL REPORT IN C.C. NO.150/2008 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE III, PALAKKAD. ANNEXURE C: COPY OF THE JUDGMENT IN CRL. MC. NO.2436/2005 DATED 16/08/2007 OF THIS HONOURABLE COURT. RESPONDENTS ANNEXURES: NIL. //TRUE COPY// P.A. TO JUDGE rs B.P.RAY, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.474 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of August, 2011 ORDER Heard learned counsel for the petitioner and the learned Public Prosecutor. 2. Petitioner herein is a Software Engineer. According to the petitioner, originally a case was registered against him as Crime No.67/2000 of Hemamabika Nagar Police Station for an offence punishable under Section 417 of the Indian Penal Code after obtaining sanction from Judicial First Class Magistrate-III, Palakkad, before which the case is now pending as C.C.150/08. In Annexure A final report petitioner was not made an accused. Subsequently, Annexure B final report was submitted against 16 accused persons for the offences punishable under Sections 406, 379 and 409. In that final report, petitioner was also arrayed as accused No.1 for the sole reason that he had worked as Service Engineer in M/S Prompt Systems, Palakkad. Hence, the petitioner prays for a direction to quash Annexure-B final report and all further proceedings thereto against the petitioner in C.C.150/2008 now pending before the Judicial First Class Magistrate III, Palakkad. 3. Learned counsel for the petitioner submits that the parties have settled the matter. Learned counsel for the petitioner has handed over a Crl.M.C.No.474 OF 2010 :: 2 :: cheque for Rs.5,000/- to the learned counsel for the second respondent in court. If that be so, the defacto complainant shall appear before the concerned Magistrate within one month from today and the learned Magistrate shall record the statement of the petitioner and the defacto complainant and if the learned Magistrate is satisfied that the matter has been settled between the parties, he shall close the case. If the petitioner surrenders on or before 29th of this month and applies for bail in the aforementioned case, Magistrate shall release him on bail on such terms and conditions he deems fit. Crl.M.C. is disposed of as above. B.P.RAY, JUDGE jes