IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 2ND FEBRUARY 2011 / 13TH MAGHA 1932 CRL.MC.NO. 297 OF 2011() -------------------------------------- CC.1349/2010 OF JUDL.MAGISTRATE OF FIRST CLASS-I, KARUNAGAPPALLY .................... PETITIONER(S): A1 TO A9 -------------------------------------- 1. HARIKUMAR @ MANCHIYAM HARI, AGED 27 YEARS, S/O.GOPALAKRISHNAN, RESIDING AT VRINDAVANAM VEEDU,CHERUSHERRY BHAGAN MURI, CHAVARA VILLAGE, KOLLAM DISTRICT. 2. PRADEEP @ SANTHOSH, AGED 30 YEARS, S/O. FELIKS, ELSY MANDIRAM, KOVILTHOTTAM MURI, KOVILTHOTTAM VILLAGE,KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. 3. SHIBU, AGED 37 YEARS, S/O. ANTONY, RESIDING AT VADAKADATHU VEEDU, PUTHENKOVILINU PADINJAR, KULANGARA BHAGAM, CHAVARA VILLAGE, KOLLAM DISTRICT. 4. CHRISTY, AGED 34 YEARS, S/O. JAMES, RESIDING AT MEKHALAYAM VEEDU, CHERUSHERY BHAGAN MURI,CHAVARA VILLAGE, KOLLAM DISTRICT. 5. SIVAPRASAD, AGED 29 YEARS, S/O. GOPALAKRISHNAN, RESIDING AT VRINDAVANAM VEEDU CHAVARA MURI,CHAVARA VILLAGE, KOLLAM DISTRICT. 6. SHAMEER @ APPUNNI, AGED 28 YEARS, S/O. REJILA, EDASSERYTHARA VEEDU, CHERUSSERY BHAGAM,CHAVARA VILLAGE, KOLLAM DISTRICT. 7. DILEEP, AGED 26 YEARS, S/O. THULASIDHARAN, DILEEP BHAVANAM, NYARAKADU SKHETHRATHINU THEKKU, CHERUSSERY BHAGAM, CHAVARA, KOLLAM DISTRICT. 8. ANU, AGED 18 YEARS,S/O. BABU, ASWATHY BHAVANAM, CHERUSSERY BHAGAM MURI, CHAVARA VILLAGE, KOLLAM DISTRICT. 9. BINU, AGED 20 YEARS, S/O. BABU, ASWATHY BHAVANAM, CHERUSSERY BHAGAM MURI, CHAVARA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.B.BIPIN RESPONDENT(S): STATE AND DEFACTO COMPLAINANT --------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE SUB INSPECTOR OF POLICE, CHAVARA POLICE STATION, KOLLAM DISTRICT. 2. MARYDASAN, S/O. GABRIYEL, JAKLIN MANDIRAM, KOVIL THOTTAM, CHAVARA.P.O., KOLLAM DISTRICT-691583. BU PUBLIC PROSECUTOR SHRI K.J. MOHAMMED ANZAR ADV. SRI.N.SUNIL JOSEPH FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.297 of 2011 ==================================== Dated this the 02nd day of February, 2011 O R D E R Petitioners are accused Nos.1 to 9 in crime No.843 of 2009 of Chavara police station and C.C. No.1349 of 2010 of the court of learned Judicial First Class Magistrate, Karunagappally for offences punishable under Sections 143, 147, 148, 324 and 326 of the Indian Penal Code. Case is that on 22.10.2009 at about 11.00 p.m. petitioners formed unlawful assembly, committed rioting armed with deadly weapons like sword and caused hurt/grievous hurt to the de facto complainant. Petitioners seek to annul the proceeding against them on the strength of a compromise entered between them and the de facto complainant. Though various other contentions are raised in the petition learned counsel at the time of hearing requested that petitioners may be permitted to withdraw the petition without prejudice to the right of petitioners to take appropriate defence in the trial court. I have heard learned counsel for petitioners, respondent No.2 and the learned Public Prosecutor. Having regard to the facts and circumstances of the case I am inclined to allow the request. CRL.M.C. No.297 of 2011 -: 2 :- Resultantly, Criminal Miscellaneous Case is dismissed as withdrawn without prejudice to the right of petitioners to take appropriate defence in the trial court as provided under law. THOMAS P. JOSEPH, JUDGE. vsv