High Court Kerala High Court

Ramesan vs State Of Kerala on 2 December, 2010

Kerala High Court
Ramesan vs State Of Kerala on 2 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4461 of 2010()


1. RAMESAN, S/O. KUVAKKATTIL APPU,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY THE
                       ...       Respondent

2. ECO MARK GENERAL FINANCE AND LEASING

                For Petitioner  :SRI.M.SHAJU PURUSHOTHAMAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :02/12/2010

 O R D E R
             M.Sasidharan Nambiar, J.
            --------------------------
              Crl.M.C.No.4461 of 2010
            --------------------------

                       ORDER

Petitioner was the third accused in C.C.No.

735/2004 on the file of Judicial First Class

Magistrate’s Court-I, Thrissur. As he was

absconding, case against him was split up and

refiled as C.C.No.616/2010 and the remaining two

accused were tried by the learned Magistrate. By

Annexure-C judgment, those accused were acquitted.

This petition is filed under Section 482 of Code of

Criminal Procedure to quash the proceedings

contending that in view of the order of acquittal

against the co-accused and for want of materials

against the petitioner, the case is to be quashed.

2. On hearing the learned counsel, I cannot

agree with the submission that based on Annexure-C

judgment, whereunder, the co-accused were

acquitted, the case against an absconding accused

is to be quashed. Though learned counsel appearing

CRMC 4461/10 2

for the petitioner submitted that there are no

materials produced along with the final report,

including the statements of the witnesses against

the petitioner and as continuation of the

proceedings will serve no purpose, it is not in the

interest of justice to continue the proceedings. It

is not for this Court to analyse the materials and

find out whether there is material against the

petitioner or not. Petitioner is at liberty to

raise all the contentions raised herein before the

Magistrate and if charge is not framed, seek an

order of discharge under Section 239 of Code of

Criminal Procedure.

Petition is disposed.

2nd December, 2010 (M.Sasidharan Nambiar, Judge)
tkv