IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 330 of 2010()
1. E.M.RAHEEM, 29 YEARS,
... Petitioner
2. MUSTAK, S/O.A.M.IBRAHIM,
Vs
1. STATE OF KERALA, STATE REP.BY SHO,
... Respondent
For Petitioner :SRI.T.B.SHAJIMON
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :05/08/2010
O R D E R
* * * *V.*RAMKUMAR,*J.* * * *
* * * * * * * *
Crl.M.C. No. 330 of 2010
* * * * * * * * * * * * * * * * * *
Dated: 5th day of August, 2010
ORDER
Petitioners who are accused Nos. 6 and 8 in Crime No.
308 of 2005 of Kasaragod Police Station for offences
punishable under Sections 143, 147, 148,452,324 and 308
read with Sec. 149 I.P.C. and who were absconding in S.C.
374 of 2006 on the file of the Addl. District and Sessions
Court (Adhoc) III, Kasaragod seek to quash the proceedings in
S.C. No. 164 of 2007 in C.P. No. 147/2005 before the said
Court. Consequent on their abscondance in S.C. No. 374 of
2006 the case against them was split up and re-filed as S.C.
No. 164 of 2007.
2. When Sessions Case 374 of 2006 was pending
before the Court below the prosecution had got the same
withdrawn under Sec. 321 Cr.P.C. Annexure A2 is the
judgment of the Court below giving consent for withdrawal of
Crl.M.C. No. 330 of 2010 -:2:-
the prosecution. Since, at that time the petitioners were
absconding, their case could not be disposed of and was re-
filed as S.C. 164 of 2007.
2. In as much as the request for withdrawal from
prosecution was in respect of the entire case with regard to
all the accused persons, I do not think that the benefit of
withdrawal should be denied to the petitioners merely
because of their abscondance in S.C. 374 of 2006 .
Accordingly, this M.C. is disposed of agreeing to the
request of the prosecution to withdraw the prosecution in
Crime No. 308 of 2005 of Kasaragod Police Station.
Consequently, S.C. No. 164 of 2007 shall stand quashed.
Dated this the 5th day of August, 2010.
V. RAMKUMAR,
(JUDGE)
ani.
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