IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 Crl.MC.No. 3572 of 2011(D) -------------------------------------- CC.673/2010 of JUDL. FIRST CLASS MAGISTRATE COURT-II, PERINTHALMANNA ............................................................................................................................................ PETITIONER/ACCUSED : ------------------------------------ MUJEEB RAHMAN, S/O.MUHAMMEDUNNI, MOOCHIKKAL HOUSE, WANDOOR. BY ADVS. SRI.SUNIL KUMAR A.G SRI.R.SUDHEESHKUMAR RESPONDENTS : -------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. E.K.HASSAINAR, ILLIKKATHODI HOUSE, POOKKULAM, WANDOOR.P.O., NILAMBUR, MALAPPURAM DISTRIT. 3. E.KUMARI, PRATHIBA (H), WANDOOR.P.O., NILAMBUR, MALAPPURAM DISTRICT. 4. BABU THOMAS, THOPPIL HOUSE, KAPPICHAL, WANDOOR.P.O., NILAMBUR, MALAPPURAM DISTRICT. PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN ADV. SRI.VINOD KUMAR.C FOR R2 & R3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DSV/- Crl.MC.No. 3572 of 2011(D) APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1 : COPY OF THE CHARGE SHEET IN CRIME NO.174/2005. ANNEXURE A2 : COPY OF THE AFFIDAVITS. ANNEXURE A3 : COPY OF THE JUDGMENT IN C.C.NO.1025/05 DATED 27/12/2007 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PERINTHALMANNA. ANNEXURE A4 : COPY OF THE MEMORANDUM OF EVIDENCE IN CRIME NO.174/2005 OF THE WANDOOR POLICE. RESPONDENTS' ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE DSV/- N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3572 of 2011 ----------------------------------- Dated this the 15th day of November 2011 O R D E R Petitioner is the 4th accused in Crime No.174/2005 of Wandoor Police Station. There were altogether 12 accused in that case. The offences alleged against the accused are under Secs.143, 147, 448, 342 and 353 r/w 149 IPC. Out of the 12 accused this petitioner and the 10th accused were absconding and hence their case was split up. The case against other accused was tried. All those accused, after trial, were acquitted by the learned Magistrate. The allegation was that this petitioner and other accused committed trespass into the class room in which interview for the Plus One students was going on. It is submitted that it was part of student's strike. The Principal and other persons who were stated to have been wrongfully restrained and whose duties were prevented by assaulting Crl.M.C. No.3572 of 2011 -: 2 :- are now before this Court as respondents 2 to 4. They have filed affidavits stating that they have settled the matter and that they have no grievance in the matter. Since the dispute is purely personal in nature, this Crl.M.C. is allowed. Further proceeding in C.C.No.673/2010 of J.F.C.M.-II, Perinthalmanna is quashed. N.K.BALAKRISHNAN, JUDGE. Jvt