IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 Crl.MC.No. 4187 of 2011() ------------------------- S.C. NO:354/11 OF ASSISTANT SESSION COURT, CHENGANNUR PETITIONER(S): ACCUSED ---------------------- JOSHUA VARGHESE, MANNIL KIZHAKKETHIL, ELAKALLOOR P.O., KONNI, PATHANAMTHITTA, NOW WORKING AT MALL OF ARABIA, MAINTENANCE DEPARTMENT, JEDDAH, SAUDI ARABIA. BY ADV. SRI.V.PHILIP MATHEWS RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 4187 of 2011() APPENDIX PETITIONERS ANNEXURES 1: COPY OF THE FIR IN CRIME 63 OF 03 2: COPY OF THE FINAL REPORT (INCLUDING 161 STATEMENTS, WOUND CERTIFICATES AND MAHAZAR 3: COPY OF THE ORDER DATED 20.01.2009 PASSED BY THIS HON'BLE COURT IN CRL.M.C. NO:27/09 4: COPY OF THE JUDGMENT DATED 15.02.2010 PASSED BY THE ASSISTANT SESSIONS COURT, CHANGANOOR IN SC NO:396/06 5: COPY OF THE DEPOSITION OF PW2 (ARUN SHAH) 6: COPY OF THE DEPOSITION OF PW3 (BIJU) 7: COPY OF THE DEPOSITION OF PW4 (PRAKASH) RESPONDENTS ANNEXURES NIL //TRUE COPY// P.A.TO JUDGE JJJ N.K. BALAKRISHNAN, J. ------------------------------------------ Crl. M.C. No: 4187 OF 2011 ( ) ------------------------------------------ Dated this the 7th day of December, 2011 O R D E R The petitioner was the 8th accused in Sessions Case No:396/2006. Altogether there were 9 accused persons. Four accused persons faced trial. The offences alleged against them are under sections 143, 147, 148, 324 and 308 r/w 149 IPC. In that case, the injured persons were examined as Pws 1 and 2. PW 3 was the eye witness to the occurrence . All those persons turned hostile and stated that the matter was settled out of Court. Based on that, the other accused who faced trial, were acquitted . 2. The learned counsel for the petitioner submits that two factions of students happened to clash with each other and due to that incident those two persons happened to sustain injuries. The incident took place several years back. All those students, the injured persons and the accused, later got employment and are working at different places. It Crl. M.C. No: 4187 OF 2011 ( ) -2- is also submitted that in the light of the evidence given by PWs 1 to 3 in the earlier case, that the entire matter was settled, no purpose would be served by asking the petitioner to undergo the ordeal of trial. 3. Considering all the aspects, this petition is allowed. All proceedings based on Annexures 1 and 2, as against this petitioner, in S.C. No: 364/2011 of Assistant Sessions Court, Chengannur, will stand quashed N.K. BALAKRISHNAN, JUDGE jjj