IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 19TH DECEMBER 2011 / 28TH AGRAHAYANA 1933 Crl.MC.No. 4333 of 2011() ----------------------------------- LPC.11/2005 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDRUG .................... PETITIONER(S)/ ACCUSED : -------------------------------------- K.K.NAVAS, AGED 30 YEARS, S/O. KUNHAMMAD, AYISHA MANZIL, KOOLIYANAGAL, HOSDURG VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT(S)/STATE & DEFACTO COMPLAINANT (CW1) : ------------------------------------------------ 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2. M.P.HASSAINAR @ M.P.ASSAINAR, AGED 61 YEARS, S/O. MAMMUNHI HAJI, RESIDING AT KOTTAKUNNIL HOUSE, ARANGADI, HOSDURG VILLGE, KASARAGOD DISTRICT-671 315. R1 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN R2 BY ADV. SRI. M.T. SURESHKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: NS Crl.MC.No. 4333/2011 APPENDIX PETITIONER(S) EXHIBITS : ANNEXURE AI : COPY OF THE FIR IN CR.NO.2/2001 DTD.2.1.01 OF HOSDURG POLICE STATION. ANNEXURE AI(a) : COPY OF THE FI STATEMENT IN CR.NO.2/2001 DTD.2.1.2001 OF HOSDURG POLICE STATION. ANNEXURE AII : COPY OF THE RELEVANT PAGES OF CHARGE SHEET INCLUDING MEMO OF EVIDENCE DTD.30.1.2001. ANNEXURE AIII : COPY OF THE JUDGMENT DTD.2.1.2004 IN CC NO.225/01 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HOSDURG. ANNEUXURE AIII(a): CERTIFIED COPY OF THE RECORDS IN MAGISTERIAL CALENDAR. ANNEXURE AIV : THE ORIGINAL AUTHORISATION LETTER DTD.4.12.2011 ISSUED TO THE DEFACTO COMPLAINANT BY THE WARD COMMITTEE OF INDIAN UNION MUSLIM LEAGUE COMMITTEE, KULIYANKAL. ANNEXURE AV : COPY OF THE AFFIDAVIT DTD.12.12.2011 OF THE 2ND RESPONDENT/DEFACTO COMPLAINANT SIGNED BEFORE AN ADVOCATE. RESPONDENTS' EXHIBITS : NIL / TRUE COPY / P.A. TO JUDGE NS N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C.No. 4333 of 2011 ------------------------------------------ Dated this the 19th day of December, 2011 ORDER Petitioner was the 4th accused in CC.225/01 of JFCM – I, Hosdurg. Other accused who faced trial were acquitted. This accused was absconding and hence the case was split-up and re-filed. It is now pending as LPC.11/05. The offences alleged against this accused and other accused are under Sections 143, 147 and 427 r/w 149 IPC. The de facto complainant is represented in this court by his counsel. It is reported that the parties have settled the matter and that they have no further grievance in the matter. In the light of the settlement arrived at, this petition is allowed. Further proceedings in CC.C.225/01 of JFCM – I, Hosdurg is quashed. N.K. BALAKRISHNAN, JUDGE. smvd