IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 Crl.MC.No. 1626 of 2009() ----------------------------------- SC.460/2008 of ADDL.ASSISTANT SESSIONS COURT, THALASSERY .................... PETITIONERS/ACCUSED 1 & 2 & DEFACTO COMPLAINANT ----------------------------------------------------------------------------------- 1. YOOSAF.M, S/O.KASIM, AGED 30 YEARS, MADAKKARA HOUSE, MANGATTIDAM AMSOM DESOM, KOTTAYAMPOYIL, THALASSERY. 2. RAFEEQ.P.P, S/O.POKKUTTY, AGED 30 YEARS, STAR MANZIL, KADIRUR AMSOM DESOM, THALASSERY. 3. MANAF, S/O.USMAN, AGED 28 YEARS, DARUL ANWAR, KOTTAYAM MALABAR AMSOM DESOM, THALASSERY. BY ADV. MR.C.P.PEETHAMBARAN RESPONDENT/STATE ------------------------------- THE STATION HOUSE OFFICER, KADIRUR POLICE STATION, KANNUR, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 21/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 1626 of 2009 ORDER ON CRL.MA. NO.2694/2009 IN CRL. MC. NO.1626/2009 DISMISSED 21/05/2009. SD/- M.SASIDHARAN NAMBIAR, JUDGE //TRUE COPY// P.S. TO JUDGE Rs/ M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.1626 OF 2009 =========================== Dated this the 21st day of May,2009 ORDER Petitioners are accused 1 and 2 in S.C.460/2008 of Additional Assistant Sessions Judge, Thalassery. They were originally accused 1 and 5 in Crime No.151/2003 of Kadirur Police Station. The case as against accused 2 and 3 were committed and tried by Additional Assistant Sessions Judge, Thalassery in S.C.460/2008. The said accused were acquitted on 24.5.2008. Petitioners 1 and 2 the original accused 1 and 5 were absconding and therefore the case as against them and the fourth accused was split up and refiled. When presence of petitioners 1 and 2 were procured, the case as against them was committed and taken to file as S.C.460/2008. 2. The petition is filed by the two accused Crl.M.C. 1626/2009 2 along with the de facto complainant, the injured, under section 482 of Code of Criminal Procedure. Prosecution case is that because of political enemity the five accused in furtherance of their common object wrongfully restrained the third petitioner and inflicted the injuries on him and thereby committed offences under sections 143,147,148, 341, 323, 324, 308 read with section 149 of IPC. The case of the petitioners is that the dispute with the third petitioner was settled and the third petitioner had not identified the assailants and therefore there is no necessity to continue the proceedings. Relying on the decision of the Apex Court in Manoj Sharma v. State (2008(4) KLT 417) and Nikhil Merchant v. Central Bureau of Investigation (2008(3) KLT 769)it was contended that though an offence under section 308 of IPC is not compoundable, as no purpose will be served by undergoing the trial the case be quashed. 3. Learned counsel appearing for the petitioners and the learned Public Prosecutor were Crl.M.C. 1626/2009 3 heard. 4. In addition to the petition, third petitioner has filed an affidavit stating that he was examined in S.C.852/2004 whereunder the original accused 2 and 3 were acquitted. According to third petitioner, when examined in that case he deposed that he could not identify the assailants and he did not disclose the names of the assailants to the doctor or to the police and the names were furnished by his friends. As the case against accused 2 and 3 already stands acquitted and the third petitioner injured himself deposed before the court in that case that he did not identify the assailants and the names of the assailants was furnished as told by the friends, no purpose will be served by directing the Sessions Court to try the petitioners. It would only be mere waste of valuable time of the Court which could be utilised for better purpose as held by the Apex Court in Manoj Sharma's case. In such circumstance, the case against the petitioners in S.C.460/2008 is Crl.M.C. 1626/2009 4 quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006