IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4073 of 2010()
1. ANWAR, S/O.ALI,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.FRANCO T.J.
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :06/10/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
---------------------------------------------
CRL.M.C.NO.4073 OF 2010
---------------------------------------------
Dated 6th October, 2010
O R D E R
Absconding accused in C.C.250/2007 on
the file of Judicial First Class Magistrate’s
Court, Chalakkudy filed this petition under
Section 482 of Code of Criminal Procedure to
quash the case contending that co-accused was
tried and acquitted under Annexure-A1 judgment
and absolutely no evidence was adduced in
that case in support of the prosecution case
and in such circumstances, it will not serve
any purpose by directing the petitioner to
undergo the ordeal of a trial and therefore,
it is to be quashed.
2. Learned counsel appearing for the
petitioner and learned Public Prosecutor were
heard.
3. Prosecution case is that petitioner
Crmc 4073/10 2
along with second accused who was acquitted by
Annexure-A1 judgment, pelted stones towards
K.S.R.T.C bus No.KL-15-4789 on 16/12/2006 with
an intention to cause damage to public property
and caused a loss of Rs.4,250/- and thereby
committed the offence under Section 3(2) of
P.D.D.P Act. Argument of the learned counsel
is that there is observation in Annexure-A1
judgment that witness deposed that he did not
identify the person and therefore, there will
be no evidence, even if petitioner is to be
tried. As held by the Full Bench in Moosa v.
Sub Inspector of Police (2006(1) KLT 552) based
on a judgment acquitting the co-accused an
absconding accused is not entitled to get the
case against him quashed.
Petition is dismissed.
M.SASIDHARAN NAMBIAR,
Crmc 4073/10 3
JUDGE.
uj.