IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 Crl.MC.No. 2109 of 2011() ------------------------------------- CC.252/2011 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT-II, ALUVA .................... PETITIONER/3RD ACCUSED IN ANNEXURE A2 CHARGE SHEET -------------------------------------------------------------------------------------------- E. GAFOOR, S/O.IBRAHIM, C.C.23/542, K.M.P. NAGAR, PALLURUTHY VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.JEEVAN MATHEW MANAYANI RESPONDENT(S): -------------------------- 1. DETECTIVE INSPECTOR, CBCID ERNAKULAM, (CRIME NO.75 OF 1997 KALAMASSERY POLICE STATION (139/CR/97)). 2. STATE OF KERALA, REP. BY ITS STATE PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR.B. VINOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 2109 of 2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1: COPY OF THE JUDGMENT IN C.C.390 OF 1997 OF THE HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE-II, ALUVA DATED 25/09/2002. ANNEXURE A2: COPY OF THE CHARGE SHEET IN C.C.390 OF 1997 REFILED AS C.C.1255 OF 2002 RENUMBERED AS C.C.252 OF 2009 AND C.C.252 OF 2011 OF THE JUDICIAL FIRST CLASS MAGISTRATE-II, ALUVA ANNEXURE A2(a): COPY OF THE ENGLISH TRANSLATION OF ANNEXURE A2. RESPONDENTS ANNEXURES: NIL. //TRUE COPY// P.S. TO JUDGE rs B.P. RAY, J. ........................................... CRL.M.C.NO.2109 OF 2011 ............................................. Dated this the 13th day of July, 2011. O R D E R The petitioner is an accused in C.C.No.252/2011 on the file of the Judicial Magistrate of First Class-II, Aluva for the offences punishable under Sections 143,147,148,324,326,34 and 106 read with Section 149 IPC corresponding to Crime No.75/1997 of Kalamassery Police Station which is re- numbered as C.C.No.390/1997. 2. Since the petitioner is staying abroad, he could not appear for trial, as a result of which, the case against him was split up and by order dated 25.9.2002 the learned Magistrate acquitted all the accused persons. The learned counsel for the petitioner submits that in the meantime the petitioner has surrendered before the trial court and has been released on bail and in the meantime, the defacto complainant/injured is dead. 3. Considering the facts and circumstances of the case, I am of the opinion that no purpose will be served by directing the petitioner to face trial. If the petitioner files an application CRL.M.C.NO.2109 OF 2011 : 2 : for discharge highlighting his grievances including the order of acquittal within one month from today, the learned Magistrate shall consider that application and dispose of the same within one month thereafter. It is stated by the learned counsel for the petitioner that the trial of the case is fixed to 18th July, 2011. If an application is filed to defer the trial, the learned Magistrate shall consider that application and defer the trial till the disposal of such application. With the observations, this Crl.M.C is disposed of. B.P. RAY, JUDGE. cl