IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Crl.MC.No. 3848 of 2011() ------------------------------------ C.C. NO.489/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HARIPAD, REFILED AS CC.806/2009 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT-I, HARIPAD. .................... PETITIONER/ACCUSED --------------------------------- MANU, S/O.MANIYAN CHETTIYAR, MANGALASSERI PADEETTATHIL, CHETTIKULANGARA P/W- 15, KANNAMANGALAM. BY ADV. SRI.M.V.THAMBAN, SRI.R.REJI, SMT.THARA THAMBAN, SRI.B.BIPIN. RESPONDENT/STATE & DEFACTO COMPLAINANT ------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE SUB INSPECTOR OF POLICE, KAREELAKULANGARA POLICE STATION, ALAPPUZHA. 2. NAVAS, S/O.YOONUS KUNJU, ILAYIDATHU VEETIL, PATHIYOOR THOTTATHUMURI, PATHIYOOR VILLAGE, PATHIYOOR (PO), ALAPPUZHA DISTRICT- 690 552. R1 BY PUBLIC PROSECUTOR MR.RAJESH VIJAYAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 3848 of 2011 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE-A1. CERTIFIED COPY OF THE FIR AND FIS IN CRIME NO.289/2009 DATED 30.6.2009. ANNEXURE-A2. CERTIFIED COPY OF THE 161 STATEMENT DATED 1.7.2009 IN C.C.NO.806/09 RE-FILED AS C.C.489/2011. ANNEXURE-A3. CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.489/2011 DATED 15.7.2009 RE-FILED FROM C.C.NO.806/2009 IS ON THE FILES OF JFCM-I, HARIPPAD. ANNEXURE-A4. CERTIFIED COPY OF THE JUDGMENT IN C.C.NO.806/2009 DATED 30.6.2011 ON THE FILES OF JFCM-I, HARIPPAD. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE rs N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3848 of 2011 ----------------------------------- Dated this the 23rd day of November 2011 O R D E R Petitioner was the 4th accused in C.C.No.806/2009 of J.F.C.M.-I, Haripad. Other five accused faced trial and they were acquitted by the learned Magistrate as per Annexure A4 judgment. This petitioner (A4) was absconding. The case against him was split up and re filed, which is now pending as C.C.No.489/2011. The learned counsel for the petitioner submits that on going through Annexure A4 judgment, it can be seen that parties have settled the matter and PW2, the injured and PW3, the eye witness did not support the prosecution. The deposition of PW2 has also been produced, which also shows that the injured furnished the names of the accused based on hear-say information and that the matter has been settled. In the light of what is stated above, this Crl.M.C. is allowed. Further proceeding in C.C.No.489/2011 on the file of J.F.C.M.-I, Haripad is quashed. N.K.BALAKRISHNAN, J UDGE. Jvt