Assi @ Abdul Azeez vs State Of Kerala on 9 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 593 of 2009()



1. ASSI @ ABDUL AZEEZ
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.P.C.SASIDHARAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :09/02/2009

 O R D E R
                                 V. RAMKUMAR, J.
                   * * * * * * * * * * * * * * * * * *
                          Crl. M.C. NO. 593 of 2009
                   * * * * * * * * * * * * * * * * * *
                         Dated: 9th February, 2009

                                        ORDER

Petitioner who is the 4th accused in Crime No. 27 of 2001 of

Nenmara Police Station for offences punishable under Sections 143, 147,

148 and 427 read with Sec 149 I.P.C. Seeks to quash the proceedings

initiated against him as C.C. No. 27 of 2004 before the J.F.C.M. Alathur.

The main ground on which proceedings are sought to be quashed is

that the 15 co-accused in the case registered as C.C. 927 of 2001 were

acquitted by the learned Magistrate as per judgment dated 6-01-2004.

The petitioner who did not face trial in the said case cannot seek the

proceedings against him to be quashed in a petition under Sec. 482

Cr.P.C. he will have to surrender before the Magistrate and plead for a

discharge if the same is permissible on the basis of the judgment of

acquittal in the case of the co-accused.

This petition is accordingly dismissed without prejudice to the

petitioner to plead for a discharge before the learned Magistrate.

Dated this the 9th day of February, 2009.

V. RAMKUMAR,
(JUDGE)

ani.