MANAF Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) These two criminal miscellaneous cases are connected and therefore I am disposing of these cases by a common order.

(2.) First, I will narrate the facts in Crl.M.C. No.4291/2017. Petitioners herein are aggrieved by the order dtd. 4/5/2017 in Crl.R.P. No.17/2016 whereby the Sessions Judge, Kalpetta, Wayanad confirmed the order of the Judicial First Class Magistrate Court-II, Mananthavady in Crl.M.P. No.1701/2016 in C.C. No.256/2009. It is a case charge sheeted by the Police against six persons alleging offences punishable under Ss. 143, 147 and 323 read with Sec. 149 IPC. Annexure-A is the FIR and Annexure-B is the FI Statement in the above case. As per the final report filed based on Annexures A and B FIR and FI Statement, K.I.Moidheen, Abdul Latheef, P.U. Sulaiman, K.A.Nazar, Rameesh E.A. and Rayinkutty were arraigned as accused. The petitioners were not accused originally. The learned Magistrate took cognizance of the offence and has taken on file the case as C.C.No.256/2009. Thereafter the trial in the case started and the defacto complainant was examined as PW1 on 20/1/2016. Annexure-C is the deposition of PW1. Pursuant to Annexure-C, the Assistant Public Prosecutor filed Annexure-D petition to add the petitioners also as accused stating that the investigating agency omitted their name. The learned Magistrate allowed that petition as per the order dtd. 25/10/2016 as evident by Annexure-E. Moreover, the Court dropped the proceedings against the six persons who were charged by the Police originally invoking the powers under Sec. 258 Cr.P.C. Annexure-F is that order. Aggrieved by the Annexure-E order, the petitioners who were implicated as accused, filed a revision before the Session Judge, Kalpetta. The learned Sessions Judge dismissed the revision confirming the order passed by the learned Magistrate. Annexure-G is the order. Aggrieved by Annexures E and G orders, this criminal miscellaneous case is filed.

(3.) Crl.M.C. No.2490/2014 is filed by the defacto complainant in C.C. No.256/2009 on the file of the Judicial First Class Magistrate Court-II, Mananthavady. The above criminal miscellaneous case is filed with following prayers: