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. 3809 of 2011(C) ------------------------- CC.809/2005 of JUDL.MAGISTRATE OF FIRST CLASS, KOLENCHERRY .................... PETITIONER(S): ACCUSED ---------------------- RADHAKRISHNA PILLAI, AGED 64 YEARS, S/O.GOPALA PILLAI, PUTHANMADATHIL, PALLARIMANGALAM P.O., MAVELIKKARA TALUK, ALAPPUZHA DISTRICT. BY ADVS. SRI.PRASUN.S SRI.PAUL MATHEW (PERUMPILLIL) RESPONDENT(S): COMPLAINANT/STATE -------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031. 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. 3809 of 2011(C) APPENDIX PETITIONERS ANNEXURES ANNEXURE A1 THE TRUE COPY OF THE DRAFT CHARGE IN THE AFORESAID CRIME NO.61 OF 1998 OF THE AMBALAMEDU POLICE STATION. ANNEXURE A2 THE TRUE COPY OF THE ORDER DATED 9/8/2011 IN CRMC.2554/2011 OF THIS HON'BLE COURT. ANNEXURE A3 THE MEDICAL CERTIFICATE DATED 15/10/2011 ISSUED WITH RESPECT TO THE PETITIONER HEREIN. ANNEXURE A4 RFCENT PHOTOGRAPHS OF THE PETITIONER HEREIN. RESPONDENTS ANNEXURES NIL //TRUE COPY// P.A.TO JUDGE JJJ N.K. BALAKRISHNAN, J. ------------------------------------------ Crl. M.C. No: 3809 OF 2011 (C) ------------------------------------------ Dated this the 7th day of December, 2011 O R D E R The petitioner was the 16th accused in C.C. No:921/1999 of Judicial First Class Magistrate Court, Kolenchery. The offences alleged against this petitioner and other accused were under sections 468 and 471 r/w 34 IPC. 2. The case of the prosecution was that accused no.1 being the canteen boy of Ambalamedu H.O.C. Company, with the help of A2 managed to get the D.T.P. proof of the coupon supplied by the Company to the employees for getting milk and got such coupons printed at the press of CW7 and made use of such coupons knowing it to be duplicate and cheated the Company. 3. The learned counsel for the petitioner has made available the copy of the judgment in C.C.No: 921/1999 in which all the other 15 accused were acquitted by the learned Magistrate. It is not disputed by the prosecution Crl. M.C. No: 3809 OF 2011 (C) -2- also that there is no other evidence that can be adduced as against the petitioner herein. It is pointed out by the learned counsel for the petitioner that the petitioner is practically bed ridden as one of his legs has been amputated due to Diabetes Mellitus. The policemen also found it unable to arrest him because he is practically bed ridden. 4. I think that no purpose will be served by proceeding with the case. Therefore, it is just and proper that all the proceedings against this petitioner is dropped. In the result this petition is allowed. Further proceedings in C.C. No:809/2005 of Judicial First Class Magistrate Court, Kolenchery, is quashed. N.K. BALAKRISHNAN, JUDGE jjj