IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 Crl.MC.No. 2828 of 2009 --------------------------------- CC.102/2005 of JUDL.MAGISTRATE OF FIRST CLASS, KOLENCHERRY ............................................... PETITIONER(S): 7TH ACCUSED --------------------------------------------- JIMS KORA,S/O.KORA, AGED 30 YEARS, NEELAN HOUSE,MORAKKALA, KUMARAPURAM, ALUVA. BY ADV. SRI.SHAIJAN C.GEORGE SRI.JOHN VIPIN SMT.S.REKHA KUMARI SMT.SAJITHA GEORGE RESPONDENT(S): DEFACTO COMPLAINANTS ----------------------------------------------------------------- 1. REJIKUMAR,S/O.SREEDHARAN, AGED 30 YEARS, SUJA BHAVAN,VAZHUTHUR,PERUMPAZHUTHUR VILLAGE, NEYYATINKARA,THIRUVANANTHAPURAM. 2. STATE OF KERALA REPD.BY P.PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. ADV. SRI.DENY JOSEPH FOR R1 PUBLIC PROSECUTOR SRI. S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 2828 OF 2009 ------------------------------------------ Dated 28th August 2009 O R D E R Petitioner was seventh accused in C.C.102/2005 on the file of Judicial First Class Magistrate, Kolencherry taken cognizance for the offence under Sections 143, 147, 148, 447, 323, 326 read with Section 149 of Indian Penal Code on Annexure-A final report dated 30/12/2004. When the case was pending trial, investigating officer filed Annexure-B report before the Magistrate stating that on the materials received it appears that seventh accused (petitioner herein) was wrongly implicated and therefore, it is necessary to conduct a further investigation. Permission of the learned Magistrate was sought for further investigation. Permission was granted. Further investigation was conducted. After completing further investigation a final report under Section 173(8) of Code of Criminal Procedure was submitted on 11/7/2005. The report establishes that on further investigation it was found out that petitioner was not involved in the incident. Therefore, a report was filed before the learned Magistrate to delete the CRMC 2828/09 2 petitioner from the party array. As per the said final report, there are only six accused and petitioner does not continue to be an accused. Learned Magistrate issued a non bailable warrant subsequently against petitioner. 2. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings as against the petitioner initiated under Annexure-A final report. Petitioner would also contend that as evidenced by the affidavit of the second respondent, there was a settlement of all the disputes with the second respondent, who is the injured and in such circumstances, the case is to be quashed. 3. Learned Public Prosecutor made available the case diary. The case diary reveals that after Annexure-B final report was filed further investigation was conducted with permission of the court and the further investigation revealed that petitioner is not involved in the incident and a report was also filed deleting petitioner from the array of the accused. In view of the said report the case as against petitioner can only be quashed. CRMC 2828/09 3 Petition is allowed. Proceedings in C.C.102/2005 on the file of Judicial First Class Magistrate, Kolencherry as against petitioner is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.