LATHEEF Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the 4th accused in Crime No.91 of 2007 of Manjeshwar police station which is registered at the instance of the 2nd respondent herein, for offences punishable under sections 143, 147, 148, 341, 323, 324 r/w 149 of the Indian Penal Code. The investigation was completed and Annexure II Final report was laid before the jurisdictional Magistrate. The learned Magistrate took cognizance of the offence and the case was numbered as CC No. 721 of 2007.

(2.) It appears that the petitioner, who was the 4th accused in the aforesaid case did not appear before the Trial Court. Case against him was split up. It is submitted by the learned counsel that the case against him is now included in the Long Pending Register and is numbered as LPC No. 81 of 2008. As against accused Nos. 1, 2, 3 and 5, trial was proceeded with and the accused were acquitted under S. 248(1) of Cr.P.C. The case against the petitioner was initially refiled as CC No.323 of 2008, but later was included in the Long Pending Register.

(3.) According to the learned counsel appearing for the petitioner, the petitioner was employed at Bombay and was unable to face trial. It is further submitted that after the acquittal of the accused Nos. 1, 2, 3 and 5 mediation talks were held at the instance of well wishers and the matter has been settled. Annexure 4 and 5 are the affidavits filed by the de facto complainant and the injured witness asserting that the matter has been settled and that they are not inclined to proceed with the matter as against the petitioner herein.