IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 1ST JUNE 2011 / 11TH JYAISHTA 1933 Crl.MC.No. 1596 of 2011() ------------------------- LPC.2/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT I, KASARAGOD .................... PETITIONER(S): ACCUSED 2 TO 5: ---------------------------------------------------- 1. ABDULLA, AGED 29 YEARS, S/O.ABDULLA HAJI, ALAMPADY P.O., MUTTATHODY VILLAGE, KASARAGOD TALUK. 2. MUSTHAFA, AGED 32 YEARS, S/O.ABDUL KHADER, ERIYAPPADY HOUSE, ALAMPPADY P.O., MUTTATHODY VILLAGE, KASARAGOD TALUK. 3. JABU @ JAMBAI A., S/O.AMU, ERIYAPPADY HOUSE, ALAMPPADY P.O., MUTTATHODY VILLAGE, KASARGOD TALUK. 4. ABDUL RAHIMAN.M.P., AGED 26 YEARS, S/O.MEHANATH KHADER, ALAMPPADY P.O., MUTTATHODY VILLAGE, KASARGOD TALUK. BY ADV. SRI.S.JIJI RESPONDENT(S): DEFACTO COMPLAINANT & STATE: ------------------------------------------------------------------------------------- 1. M.A.MAHIN, AGED 35 YEARS, S/O.MOHAMMED, MATHAKARATHIL HOUSE, ALAMPADY P.O., MUTTATHODY VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT. 2. STATE OF KERALA, REPRESENTED BY ITS THE STATION HOUSE OFFICER, KASARAGOD POLICE STATION, KASARGOD DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. R1 BY ADV. SMT.SAIRA FIROZ R2 BY PUBLIC PROSECUTOR SRI. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/06/2011 ALONG WITH CRMC.NO.1597 OF 2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. Nos.1596 & 1597 of 2011 ==================================== Dated this the 01st day of June, 2011 O R D E R Petitioners are accused 2 to 5 in Crime No.616 of 2004 of Kasargod Police Station for offences punishable under Sections 143, 147, 148, 323 and 307 read with Section 149 of the Indian Penal Code. Case is that on 03.06.2004 on account of political rivalry petitioners and other accused who formed unlawful assembly committed rioting armed with deadly weapons like reeper, knife, etc., assaulted first respondent-de facto complainant with intend to cause his death and thereby committed the offences. Some of the accused were acquitted by the learned Additional Sessions Judge. Petitioners claimed to have settled the matter with the first respondent and on the strength of that settlement and acquittal of other accused request this Court to quash proceedings against them. Learned counsel submitted that in view of the settlement and acquittal of other accused, it is not necessary to direct petitioners to face trial. I have heard learned counsel for petitioners and the learned Public Prosecutor. 2. I have gone through the judgment acquitting some of CRL.M.C. Nos.1596 & 1597 of 2011 -: 2 :- the accused and find that P.Ws.1 and 2 did not support the prosecution. It is also seen that C.W.1/first respondent, de facto complainant and injured was not examined in the said case for the reason that he was abroad. Hence acquittal of some of the accused without examining the first respondent cannot be taken benefit by the petitioners herein. 3. So far as the alleged settlement is concerned here is a case where it is a political clash involving a group of people on the one side and the first respondent on the other side. Deadly weapons like knife and reeper are allegedly used. The alleged incident affects public tranquility. I am not inclined to think that such matters are to be quashed by this Court invoking jurisdiction under Section 482 of the Code of Criminal Procedure. Petitioners can approach the court below and raise their contentions. Without prejudice to that right of petitioners these Criminal Miscellaneous Cases are dismissed. THOMAS P. JOSEPH, JUDGE. vsv