IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 Crl.MC.No. 3905 of 2010() ------------------------------------- LPC.50/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT, NILAMBUR CRIME NO.71/2003 OF NILAMBUR POLICE STATION. .................... PETITIONER/ACCUSED NO.2: ------------------------------------------- AKBAR, S/O.KUNHIMUHAMMED, PALEKKODAN HOUSE, KALIKAVU, NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS/STATE & DEFACTO COMPLAINANT/INJURED: ------------------------------------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, NILAMBUR POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. MUHAMMED SHAHIR, S/O.MOIDEENKUTTY, VILAYAPOYIL HOUSE, KALIKAVU, NILAMBUR TALUK, MALAPPURAM DISTRICT. R1 BY PUBLIC PROSECUTOR MR.P.A. SALIM. R2 BY ADV. SMT.M.T.SHEEBA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3905 of 2010 -------------------------- ORDER Petitioner was the third accused in C.P.No. 43/2004 on the file of Judicial First Class Magistrate's Court, Nilambur. Prosecution case is that seven accused formed themselves into an unlawful assembly with the common object of attacking the second respondent and in furtherance of their common object, armed with deadly weapons like knife and sticks, the accused came in a car and inflicted grievous hurt to the second respondent knowing that it would cause his death and the other accused committed mischief by damaging the glass of the car by beating with wooden sticks and thereby committed offences under Sections 143, 147, 148, 326, 308 and 427 read with Section 149 of Indian Penal Code. As accused 1, 5 and 6 appeared before the Magistrate, the case against them was committed to the Sessions Court, CRMC 3905/10 2 Manjeri and taken on file as S.C.No.445/2004 and made it over to Assistant Sessions Court, Manjeri for trial. Later, learned Sessions Judge withdraw the case and made it over to Additional Sessions Court, Manjeri. Subsequently, when the fourth accused appeared, the case against him was also committed as per order in C.P.No.94/2006 and that case was taken on file as S.C.No.203/2007 and made it over to Additional Sessions Court for disposal. As both the cases are in respect of the same offences, learned Additional Sessions Judge clubbed both the cases and tried them in S.C.No.445/2004. While those accused were being tried, fourth accused absconded. By Annexure-A judgment dated 23.01.2008, learned Additional Sessions Judge acquitted those accused. The case against the fourth accused was dropped finding that no purpose will be served by undergoing the ordeal of a trial in view of the evidence tendered. The legality of the order, dropping the case against the fourth accused, is not to be considered in this petition. CRMC 3905/10 3 The case against the other accused was re-filed by Judicial First Class Magistrate, Nilambur and is now pending as L.P.No.50/2005. Petitioner is the second accused in the long pending case. This petition is filed under Section 482 of Code of Criminal Procedure to quash the entire proceedings in L.P.No.50/2005 contending that in view of the order of acquittal and the evidence tendered and the findings of the learned Additional Sessions Judge that no purpose will be served by splitting up the case against the fourth accused in S.C.No. 445/2004 and consequent to the settlement of the disputes with the second respondent, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed an affidavit to the effect that subject matter of the dispute in Crime No.71/2003 of Nilambur Police Station was settled amicably with the accused and in view of the settlement, second respondent has no subsisting grievance against the CRMC 3905/10 4 said accused or the remaining accused and therefore, he has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioner, second respondent and learned Public prosecutor were heard. 4. Annexure-A judgment shows that when accused 1, 4, 5 and 6 were tried in S.C.No.445/2004, though the fourth accused subsequently absconded, second respondent, the injured and the eye witnesses, when examined, turned hostile to the prosecution and did not give any evidence against the accused. It is in view of the evidence tendered, while acquitting the three accused, learned Additional Sessions Judge did not re-file the case against the absconding fourth accused finding that no purpose will be served by undergoing the ordeal of a trial. Subsequent to the settlement of all the disputes between petitioner and the second respondent, evidenced by the statement filed by the second respondent, even if second respondent is to be CRMC 3905/10 5 examined, no purpose will be served and it would result only in unnecessary waste of valuable time of the court. As rightly pointed out by the learned counsel appearing for the petitioner, though an offence under Section 308 of Indian Penal Code is alleged, it is against the first accused and the case against the remaining accused is that they caused damages to the car by breaking its glass by hitting with wooden sticks. By Annexure-A judgment, first accused was acquitted. In such circumstances, it is not in the interest of justice to continue the prosecution, as there is no chance for a successful prosecution. Petition is allowed. L.P.No.50/2005 on the file of Judicial First Class Magistrate's Court, Nilambur is quashed. 23rd September, 2010 (M.Sasidharan Nambiar, Judge) tkv