IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 Crl.MC.No. 3429 of 2011() ------------------------- SC.280/2010 of ASSISTANT SESSIONS COURT, MAVELIKKARA .................... (CRIME NO.152/09 OF KURATHIKADU POLICE STATION, ALAPPUZHA DISTRICT) ..... PETITIONER(S): A3: ------------------------------- VIPIN DAS,AGED 24 YEARS, S/O.SIVADASAN,V.V.HOUSE,PONNEZHA,THEKKEKKARA HOUSE,MAVELIKKARA TALUK. BY ADVS. SRI.R.PADMAKUMAR, SRI.P.ARAVIND. RESPONDENT(S): STATE & DEFACTO COMPLAINANT: -------------------------------------------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. HARIDAS,S/O.VELUTHA KUNJU, CHANKOORTHARAYIL,PONNEZHA,THEKKEKKARA VILLAGE, MAVELIKKARA TALUK - 690 101. R1 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.3429/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.1: COPY OF CHARGE SHEET BY THE S.I. OF POLICE, KURATHIKADU. ANNEX.II: COPY OF JUDGMENT IN S.C.280/10 OF ASST.SESSIONS COURT, MAVELIKKARA. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3429 of 2011 ----------------------------------- Dated this the 19th day of October 2011 O R D E R Petitioner is the sole accused in S.C.No.1285/2010 on the file of Asst. Sessions Court, Mavelikkara. He was the 3rd accused in Crime No.152/2009 of Kurathikadu Police Station. The charge sheet in that case was laid against three accused persons including the petitioner alleging offences punishable under Secs.324 and 308 r/w Sec.34 IPC. The case against other two accused ended in acquittal since PW3, the injured and the two other eye witnesses did not support the prosecution. The learned counsel for the petitioner has shown me a copy of the deposition of those witnesses which would show that the matter was actually settled between the parties. The incident took place at night. The deposition is to the effect that he could not identify any of the assailants who inflicted the injury. The Crl.M.C. No.3429 of 2011 -: 2 :- other two witnesses stated that they did not see the incident. In these circumstances, I find that no purpose will be served by proceeding with the trial of the case. In the result, this Crl.M.C. is allowed. Further proceeding in S.C.No.1285/2010 on the file of Asst. Sessions Court, Mavelikkara is quashed. N.K.BALAKRISHNAN, JUDGE. Jvt