IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4156 of 2010()
1. ANIYAN KUNJU DANIEL, KADAMBASSERIL,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.R.PADMAKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :22/10/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.4156 OF 2010
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Dated 22nd October, 2010
O R D E R
Petitioner, the second accused in
C.P.160/2002 on the file of Judicial First
Class Magistrate’s Court, Mavelikara did not
appear at the committal stage. Therefore,
case against him was split up and case
against first accused was committed to
Additional Sessions Court, Mavelikara and
taken on file as S.C.159/2004. By
Annexure-A2 judgment learned Additional
Sessions Judge acquitted the first accused
finding that prosecution failed to prove the
case. When petitioner appeared subsequently,
the case against him was committed to the
Sessions Court. It is now pending before
Additional Sessions Court, Mavelikara.
Crmc 4156/10
2
Petition is filed under Section 482 of Code of
Criminal Procedure to quash the proceedings
against him contending that in view of the
findings in Annexure-A2 judgment that whole
prosecution case is clouded with suspicion,
continuation of the proceedings will serve no
purpose, as there is no likelihood of
conviction and therefore, the case is to be
quashed.
2. Learned counsel appearing for the
petitioner and learned Public Prosecutor were
heard.
3. As held by the Full Bench of this
Court in Moosa v. Sub Inspector of Police (2006
(1) KLT 552), based on the judgment of
acquittal of the co-accused, an absconding
accused is not entitled to get the case against
him quashed. True, Annexure-A2 judgment shows
Crmc 4156/10
3
that based on the evidence recorded, learned
Additional Sessions Judge found that
prosecution case is clouded with suspicion.
But based on that finding case cannot be
quashed. Petitioner is entitled to raise all
the contentions before the learned Sessions
Judge and seek an order of discharge under
section 227 of Code of Criminal Procedure.
Petition is disposed granting liberty to
the petitioner to raise all the contentions,
including the findings in Annexure-A3, and seek
an order of discharge under Section 227 of Code
of Criminal Procedure.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.