IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 Crl.MC.No. 1516 of 2007 ------------------------- C.C.NO. 559/2006 OF THE CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD. PETITIONER: 2ND ACCUSED: ------------------------ ABDUL RAHIMAN, AGED 40 YEARS, S/O.MOIDU, NAMBOORIKANDI HOUSE, P.O.KEEZHAL, BADAGARA, KOZHIKODE DISTRICT. BY ADV. SRI.C.VALSALAN RESPONDENTS: ------------- 1. MR.P.K.HABEEB RAHMAN, AGED 49 YEARS, S/O.LATE P.K.ABDULLA, MASTHIKUNDU, MULIYAR VILLAGE, P.O.MULIYAR, KASARGOD TALUK. 2. THE STATE OF KERALA, (BY SUB INSPECTOR OF POLICE, KASARGOD POLICE STATION IN CRIME NO.289 OF 2006). BY ADV. SRI.GHOSH YOHANNAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 1516 of 2007 = = = = = = = = = = = = = = Dated this the 11th day of April , 2008 ORDER In this petition filed under Section 482 Cr.P.C., the petitioner, who is the second accused in C.C.No.559/2006 on the file of the Chief Judicial Magistrate, Kasaragod, seeks to quash the said proceedings before the Chief Judicial Magistrate. During the pendency of this Crl.M.C., the petitioner herein and the first accused appear to have settled the matter with the complainant. A petition has been filed before this Court as Crl.M.A.No.2044/2008 for recording the composition. An application, Crl.M.A.No.2012/2008 was filed by the first accused, who is a stranger to this Crl.M.C.to implead him as additional respondent. Since the composition is said to have been made between accused 1 and 2 and the complainant, it can be recorded only by the Magistrate before whom the case is pending as C.C.No.559/2006. CRMC.1516/2007 -2- Hence, Crl.M.A.No.2044/2008 shall be returned to the petitioner to be filed before the Chief Judicial Magistrate, Kasaragod. Since the petitioner is abroad, the Magistrate when moved for recording the composition shall not insist on the personal appearance of the petitioner/2nd accused. This Crl.M.C.is disposed of accordingly. Issue photocopy today itself. V. RAMKUMAR, JUDGE ks.