IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 Crl.MC.No. 3685 of 2011(C) ------------------------- SC.178/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT-III, PALAKKAD CRIME NO: 4/2005 OF RAILWAY POLICE, PALAKKAD .................... PETITIONER: ACCUSED NO.2. ------------------------- SHAMEER, S/O.HAMSA, KANNATHU VEEDU, KANJIRAPUZHA, PALAKKAD. BY ADVS. SRI.B.S.SWATHI KUMAR SMT.P.V.SOBHANA SMT.M.G.AISHWARYA RESPONDENT: COMPLAINANT ----------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 3685 of 2011(C) APPENDIX PETITIONERS ANNEXURES: A: COPY OF THE FINAL REPORT IN CRIME NO:4/2005 OF RAILWAY POLICE, PALAKKAD DATE 12.3.2005 B: COPY OF THE JUDGMENT IN C.C.NO:178/2005 DATED 23.1.2008 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III , PALAKKAD RESPONDENTS ANNEXURES: NIL //TRUE COPY// P.A.TO JUDGE JJJ N.K. BALAKRISHNAN, J. ------------------------------------------ Crl. M.C. No: 3685 OF 2011 (C) ------------------------------------------ Dated this the 29th day of November, 2011 O R D E R The petitioner was the second accused in C.C. No:178/2005 of J.F.C.M. Court-III, Palakkad (Crime No:4/2005 of Railway Police, Palakkad). Ten accused were charged for offences under sections 143, 147, 447 and 341 r/w 149 of I.P.C. The allegation is that this petitioner and other accused formed themselves into an unlawful assembly as part of their protest against the neglect shown by the Central Government/Railway Department towards the genuine needs of the State of Kerala. The learned counsel for the petitioner submits that the other accused faced trial and they were acquitted by the learned Magistrate, finding that there is absolutely no evidence to prove the ingredients or to show the complicity of the accused. This petitioner was abroad and so he could Crl. M.C. No: 3685 OF 2011 (C) -2- not be present in Court earlier. Annexure B is the judgment in C.C. No:178/2005 in which other accused were acquitted. The case against him was split up and refiled as C.C. No:10/2008. Learned Public Prosecutor, though opposed this petition, submits that the incident was part of the protest march organized under the leadership of one Murali. No nuisance was caused to others nor was any body attacked. In the light of the facts and circumstances, I find that putting this accused to trial would not be conducive to the cause of justice. Hence, this petition is allowed. Further proceedings in C.C. No: 10/2008 of Judicial First Class Magistrate's Court-III, Palakkad, is quashed. N.K. BALAKRISHNAN, JUDGE jjj