IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 Crl.MC.No. 4203 of 2011 ---------------------------------- [C.C. NO.1107/2007 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, MALAPPURAM ARISING OUT OF CRIME NO.224/2000 OF THE MALAPPURAM POLICE STATION] ........... PETITIONER/ACCUSED NO.2: ------------------------------------------ MOHANACHANDRAN PILLAI @ THEKKUMBHAGAM MOHAN, S/O. GOPALA PILLAI, AGED 59 YEARS, TNRA-167/B, THIRUMULLAVARAM, KOLLAM DISTRICT. BY ADVS. SRI.BABU S. NAIR, SRI. RAVI KRISHNAN. RESPONDENTS/STATE & INJURED: --------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MALAPPURAM POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031. 2. T.P.NANDAKUMAR, SURABHI HOUSE, VALAYANADU MANKAVU, AZHCHAVATTOM, KOZHIKODE-673 301. R1 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN, R2 BY ADV. SRI. RAKESH.K. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO. 4203/2011: APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A : TRUE COPY OF THE CHARGE SHEET IN CR.NO.224/2000 OF THE MALAPPURAM POLICE STATION. ANNEXURE B : TRUE COPY OF THE F.I.R. IN CR.NO.224/2000 OF THE MALAPPURAM POLICE STATION, DTD.2.6.2000. ANNEXURE C : TRUE COPY OF THE NOTARIZED AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT DTD.6.12.2011. ANNEXURE D : TRUE COPIES OF THE MEDICAL RECORDS OF THE PETITIONER EVIDENCING HIS AILMENTS. RESPONDENTS' EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C.No. 4203 of 2011 ------------------------------------------ Dated this the 8th day of December, 2011 ORDER Petitioner is the accused in Crime No.224/2000 of Malappuram police station. Charge sheet was laid against him and the original first accused under Section 468 r/w 34 IPC and also under Section 15 of Printing and Registration of Books Act. The action was initiated based on the complaint given by the reporter of 'Crime' of which the respondent is the printer and publisher. He is represented in this court by his counsel. It is submitted by both sides that first respondent who was the printer and publisher of 'Palco crime' which was referred to in the complaint is no more. It is also submitted that on the death of the first accused, the press itself has been stopped and nothing is published in the name of 'Palco Crime' thereafter. The petitioner herein was arrayed as A2 on the allegation that he was the Assistant Editor of Palco Crimes. The de facto complainant, R2 has no complaint against the petitioner. In view of the fact that the publication in the name of Palco Crl.M.C.No. 4203 of 2011 -: 2 :- Crime has already been stopped and since the printer and publisher of that weekly is also no more, it is just and proper to quash C.C. No.1107/2007 of JFCM, Malappuram and the same is accordingly quashed. This petition is allowed as above. N.K. BALAKRISHNAN, JUDGE smvd