Sreedharan vs State Of Kerala on 16 November, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4224 of 2010()


1. SREEDHARAN, S/O.KHADER, AGED 52 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.M.V.AMARESAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :16/11/2010

 O R D E R
                   M.SASIDHARAN NAMBIAR, J.
          --------------------------------------------------------
                     Crl.M.C No.4224 OF 2010
          ---------------------------------------------------------
         Dated this the 16th day of November, 2010.

                                O R D E R

Petitioner the 5th accused in C.C.No.459 of 2007 in

C.C.No.310 of 2004 on the file of Judicial First Class Magistrate,

Payyannur, filed this petition under Section 482 of Criminal

Procedure to quash the case now pending as C.C.No.459 of 2007,

contending that in view of the acquittal of the co-accused by

Annexure-1 judgment no purpose will be served 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.

Out of six accused, except the petitioner who was

absconding, others were tried in C.C.310 of 2004 after refiling the

case against the petitioner as C.C.No.459 of 2007. By Annexure-

1 Judgment those accused were acquitted. Petition is filed

contending that in view of the order of acquittal of the co-

accused, the case against the petitioner is to be quashed. As

held by the Full Bench of this Court in Moosa v. Sub Inspector

of Police (2006(1) KLT 552 (FB)) after considering the very

same question based on the judgment of acquittal of the co-

Crl.M.C No.4224 OF 2010 2

accused, absconding accused is not entitled to get the case as

against him quashed by filing a petition under Section 482 of

Code of Criminal Procedure. In view of the decision, the petition

can only be dismissed. Petitioner is entitled to appear before the

learned Magistrate and raise all the contentions and if necessary

to seek an order of discharge under Section 239 of Code of

Criminal procedure, Petition is dismissed.

M.SASIDHARAN NAMBIAR, JUDGE.

mns