IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 Crl.MC.No. 4122 of 2008() ------------------------- CC.395/2008 of JUDL.FIRST CLASS MAGISTRATE COURT I, SULTHAN BATHERY .................... PETITIONER(S): ------------------------- E.P.PRITHVIRAJAN, CIRCLE INSPECTOR OF POLICE, SULTHAN BATHERY, WAYANAD DISTRICT. BY ADVS. SRI.S.SREEKUMAR, SRI.P.MARTIN JOSE, SRI.P.PRIJITH, SRI.S.VAIDYANATHAN. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. BAIJU,S/O.SASI, ARIKATH HOUSE, MUNDAKOLLY,AMBALAVAYAL P.O. R1 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4122 OF 2008 --------------------------------------------- Dated 8th November, 2010 O R D E R Petitioner, the accused in C.C.395/2008 on the file of Judicial First Class Magistrate's Court-I, Sulthan Bathery taken cognizance for the offences under Sections 323 and 334 read with Section 34 of Indian Penal Code. Petition is filed under Section 482 of Code of Criminal Procedure, to quash the proceedings. As learned counsel appearing for the second respondent submitted that mother of the second respondent informed that while undergoing sentence, second respondent died, a report was called for from the Public Prosecutor. Public Prosecutor reported that second respondent committed Crmc 4122/08 2 suicide from Mental Asylum, Kuthiravattom. Learned counsel submitted that it is not a case of suicide, but homicide and mother is taking appropriate steps to proceed against the culprits. 2. In view of the fact that the complainant is no more and mother of the deceased complainant had filed a complaint on the very same allegations raised in C.C.395/2008, which was taken cognizance by the Judicial First Class Magistrate's Court-I, Sulthan Bathery in C.C.322/2009, petition is disposed recording that C.C.395/2008 is not to be proceeded further, in view of the death of the complainant. M.SASIDHARAN NAMBIAR, JUDGE. uj. Crmc 4122/08 3