IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 Crl.MC.No. 240 of 2005() ------------------------ CC.417/2004 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... PETITIONER/ 2ND ACCUSED: ----------------------------------------- ABOOBACKER, AGED 23 YEARS, S/O.MUHAMMED, CHENNADUKKA HOUSE, NEERAJA VILLAGE, KASARAGOD TALUK. BY ADV. SRI.I.V.PRAMOD RESPONDENT: -------------------- THE STATE OF KERALA, STATION HOUSE OFFICER, KASARAGOD POLICE STATION, CRIME NO.44/2000), REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.B. JAYASURYA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl. M.C No. 240/2005 -2- APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE - I : TRUE COPY OF THE DEPOSITION OF PW1 DT.27-08-2003. ANNEXURE - II : TRUE COPY OF THE DEPOSITION OF PW2 DT.27-08-2003. ANNEXURE - III : TRUE CERTIFIED COPY OF THE JUDGMENT IN CC 213/2000 DATED 30-08-2003 OF CHIEF JUDICIAL MAGISTRATE, KASARAGOD. ANNEXURE - IV : CERTIFIED COPY OF THE DOCKET ENTRY IN CC No.417/2004 RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.A. TO JUDGE AMG B.P. RAY, J. ------------------------------------------------- Crl. M.C No. 240 OF 2005 ------------------------------------------------- DATED THIS THE 8th DAY OF AUGUST, 2011 O R D E R Heard Learned Counsel Smt.M.T. Sheeba appears on behalf of the petitioner and the learned Public Prosecutor. Petitioner is the 2nd accused in Crime No.44/2000 of Kasaragod Police station for offences punishable under Section 143, 147, 148, 323, 324 read with 149 of IPC now pending as C.C No.417/2004 on the file of Chief Judicial Magistrate Court, Kasaragod. Learned Public Prosecutor submits that other accused persons were acquitted for want of materials and also submits that no material is available on record to connect the petitioner with the crime. Therefore, no useful purpose will be served by directing the petitioner to face the trial. In that view of the matter, CC No.417/2004 pending before the Chief Judicial Magistrate Court, Kasaragod against the petitioner be treated as closed. This Crl.M.C is allowed as above. Sd/- B.P. RAY, JUDGE. AMG True copy P.A to Judge