IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 Crl.MC.No. 4293 of 2011 ------------------------- SC.501/2011ON THE FILE OF THE ADDL. SESSIONS COURT, FAST TRACT COURT-III, NORTH PARAVUR .................... PETITIONER(S)/ ACCUSED NOS 1-3: -------------------------------------------------- 1. SHAJU @ SHAMON, AGED 31 YEARS, S/O.YOHANNAN, PADAYATTI VEETTIL, KAPPELAKUNNU KARA, PUTHENVELIKKARA VILLAGE, ERNAKULAM DISTRICT. 2. SHIBU, AGED 29 YEARS, S/O.YOHANNAN, PADAYATTI VEETTIL, KAPPELAKUNNU KARA, PUTHENVELIKKARA VILLAGE, ERNAKULAM DISTRICT. 3. ANTONY @ ANTU, AGED 38 YEARS, S/O.PAULO, PADAYATTI VEETTIL, KAPPELAKUNNU KARA, PUTHENVELIKKARA VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S)/ STATE, DEFACTO COMPLAINANT & CWS 2&: ------------------------------------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, PUTHENVELIKKARA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031 2. SHAMIN, AGED 34 YEARS, S/O.SASANGAN, PANIKKASSERY HOUSE, STATION KADAVU BHAGOM, PUTHENVELIKKARA P.O., NORTH PARAVUR, ERNAKULAM DISTRICT-683 512 3. SHAIBU, AGED 33 YEARS, S/O.SASANGAN, PANIKKASSERY HOUSE, STATION KADAVU BHAGOM, PUTHENVELIKKARA P.O., NORTH PARAVUR, ERNAKULAM DISTRICT-683 512 Crl.MC.No. 4293/ 2011 4. KRISHNAKUMAR @ MANIKANTAN, AGED 33 YEARS, S/O.MANI, MULLANPARAMBIL HOUSE, STATION KADAVU BHAGOM, PUTHENVELIKKARA P.O., NORTH PARAVUR, ERNAKULAM DISTRICT. R1 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN R2 TO R4 BY ADV. SRI.SHAJAN C GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: STK Crl.MC.No. 4293/2011 APPENDIX PETITIONER(S) ANNEXURES: A: CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CR 32/2006 OF PUTHENVELIKKARA POLICE STATION. B: CERTIFIED COPY OF THE FINAL REPORT IN CR 32/2006 OF PUTHENVEIKKARA POLICE STATION. C: ORIGINAL OF THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT. D: ORIGINAL OF THE AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT. E: ORIGINAL OF THE AFFIDAVIT SWORN TO BY THE 4TH RESPONDENT. RESPONDENTS' ANNEXURES: NIL / TRUE COPY/ P A TO JUDGE STK N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C.No. 4293 of 2011 ------------------------------------------ Dated this the 15th day of December, 2011 ORDER Petitioners are A1 to A3 in Sessions case No.501/11 of Additional Sessions Court, Fast Track Court - III, North Paravur. The offences alleged against them are under Sections 143, 147, 148, 341, 323, 314 and 308 r/w 149 IPC and also under Section 27 of Arms Act. CW 1 to 2 are the injured persons. R2 to R4 was represented in this court by their counsel. It is submitted by both sides that the entire matter has been settled out of court. It is also submitted that there was a connected case, against the opposite group was also settled. In the light of the settlement arrived at, the proceedings in CC. 501/11 of may be quashed, it is argued. But it is to be noted that offence under Section 27 of Arms Act is not something purely personal so as to allow settlement with respect to that offence. On going through the charge sheet it is seen that it was the first Crl.M.C.No. 4293 of 2011 -: 2 :- accused/first petitioner who used sword which is the arm which attracted the offence under Section 27 of Arms Act. Therefore, the case is disposed as below:- The Sessions Case No. 501/11 as against the petitioners will stand quashed but only to the extent of offences under Sections 143, 147, 148, 341, 323, 314 and 308 r/w 149 IPC. Since the arm was used only by A1, petitioners 2 and 3 herein need not be proceeded against under that provision. In other words, except to the extent that the prosecution as against the 1st petitioner will continue for the offence under Section 27 of Arms Act, in all other aspects, the charge against these petitioners in Sessions Case No. 501/11 will stand quashed. The learned Sessions Judge who is now trying the case will transfer the case (charge under Section 27 of Arms Act) to the Magistrate having jurisdiction over the matter who will try the offence Crl.M.C.No. 4293 of 2011 -: 3 :- under Section 27 of the Arms Act. The plea regarding the same (Section 27 of Arms Act) shall be recorded only by the learned Magistrate. N.K. BALAKRISHNAN, JUDGE. smvd