IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 Crl.MC.No. 4102 of 2011() ------------------------- SC.585/2009 of ASSISTANT SESSIONS COURT, VADAKARA .................... PETITIONER/ACCUSED ---------------------------- BABU,S/O. POKKAN, POOTHOLI THAZHEKUNI HOUSE, THOONERI AMSOM, PERODU, VATAKARA TALUK. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENTS/COMPLAINANTS ----------------------------------- 1. KADHEEJA, W/O. ABDULLA HAJI, PERODU, VATAKARA TALUK PIN-673101. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - PIN 682031. R1 BY ADV. SMT.ANEESHA P.A., R2 BY BY PUBLIC PROSECUTOR SMT. JASMINE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK Crl.MC.No. 4102 of 2011() -------------------------------- APPENDIX ------------ PETITIONER(S) EXHIBITS --------------------------- ANNEXURE I- TRUE COPY OF THE FINAL REPORT ANNEXURE II-TRUE COPY OF THE JUDGMENT DT:15/2/06 ANNEXURE III- TRUE COPY OF THE DEPOSITION OF PW1. ANNEXURE IV- TRUE COPY OF THE DEPOSITION OF PW2. ANNEXURE V – TRUE COPY OF THE DEPOSITION OF PW5 (1ST RESPONDENT) ANNEXURE VI- TRUE COPY OF THE SWORN AFFIDAVIT OF 1ST RESPONDENT. ANNEXURE VII. AFFIDAVIT OF THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS : NIL ------------------------------ / TRUE COPY / P.A. TO JUDGE VK N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.4102 of 2011 ----------------------------------- Dated this the 22nd day of December 2011 O R D E R Petitioner was the 4th accused in the final report filed by the police in Crime No.264/2000 of Nadapuram Police Station. Altogether there were 5 accused in that case. The offences alleged against them are under Secs.143, 147, 148, 452 and 506(ii) r/w 149 IPC and also under Secs.3 and 5 of Explosive Substances Act. The other four accused persons who faced trial in S.C.No.912/2004 were acquitted by the court below under Sec.232 Cr.P.C. as per Annexure II judgment. The petitioner herein was absconding and so the case against him was split up and refiled. It is now stated to be pending as S.C.No.585/2009 on the file of Assistant Sessions Judge, Vatakara. 2. Learned counsel for the petitioner submits that on going through Annexure II judgment, it can be found that the witnesses examined in that case did not support the prosecution and that was the reason why the court below acquitted the accused under Sec.232 Cr.P.C. The owner of the house was Crl.M.C. No.4102 of 2011 -: 2 :- abroad. His wife was impleaded as the first respondent herein. She has filed affidavit stating that, since all the cases were settled out of court to maintain harmony in the locality, this case also may be quashed and that she has no grievance in that matter. She was one of the witnesses examined as PW5 in Annexure II case. The deposition of other witnesses have also been produced by the learned counsel to support his submission that there is absolutely no evidence against this accused/ petitioner as well. In view of these circumstances, I find no purpose will be served by continuing the prosecution against this petitioner. As such, this Crl.M.C. is allowed. Proceeding against this petitioner in S.C.No.585/2009 on the file of Assistant Sessions Judge, Vatakara is quashed. N.K.BALAKRISHNAN, J UDGE. Jvt