IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 Crl.MC.No. 3992 of 2011 ---------------------------------- [CRIME NO.677/04 OF FORT POLICE STATION PENDING ON THE FILES OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT-II, THIRUVANANTHAPURAM AS CC.NO.418/2009] .................... PETITIONER/IST ACCUSED: ---------------------------------------- SHOUKATHALI, S/O SULAIMAN, TC 41/2393, NEAR THAYYAPALLY, KALIPPANKULAM, MANACAUD, THIRUVANANTHAPURAM. BY ADVS. SRI.SUMAN CHAKRAVARTHY, SMT. RIJA K.R. RESPONDENTS/DEFACTO COMPLAINANT & STATE: --------------------------------------------------------------------------- 1. C.VIJAYAN, S/O CHELLAYAN AGED 60 YEARS, TC 49/367, PRA 154, REVATHY BHAVAN, PAYATTUPARA, KALIPPANKULAM, MANACAUD, THIRUVANANTHAPURAM. 2. THE STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 BY ADV. SRI.K.B.PRADEEP, R2 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO.3992/2011: APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A: A PHOTOCOPY OF THE FINAL REPORT IN CRIME NO. 677/04OF FORT P.S. ANNEXURE B: TRUE COPY OF JUDGMENT DTD. 10/08/09 IN CC 49/05. ANNEXURE C: ORIGINAL OF THE AFFIDAVIT EXECUTED BY THE IST RESPONDENT DTD. 14/11/11. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3992 of 2011 ----------------------------------- Dated this the 22nd day of November 2011 O R D E R Petitioner was the first accused in Crime No.677/2004 of Fort Police Station, Thiruvananthapuram. There were two accused in that case. The other accused faced trial. He was acquitted by the learned Magistrate. The case against this petitioner was split up and re-filed as C.C.No.418/2009. The offences alleged against the accused are under Secs.323, 324 and 326 r/w 34 IPC. The injured (CW1) is represented in this Court by his counsel. It is pointed out that Sec.326 was added since the bone of the ring finger of the complainant got fractured in the incident. The learned counsel has also drawn the attention of this Court to the judgment (Annexure B) passed by the learned Magistrate. It is seen that the injured and other independent witnesses turned hostile. It is submitted that the entire matter has been settled out of court. Affidavit of the injured has been Crl.M.C. No.3992 of 2011 -: 2 :- filed for that purpose. In the light of what is stated above, this Crl.M.C. is allowed. Further proceeding in C.C.No.418/2009 on the file of J.F.C.M.-II, Thiruvananthapuram is quashed. N.K.BALAKRISHNAN, JUDGE. Jvt