K.M.Aboobacker vs State Represented By Public on 30 August, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 911 of 2010()


1. K.M.ABOOBACKER, AGED 47 YEARS,
                      ...  Petitioner

                        Vs



1. STATE REPRESENTED BY PUBLIC
                       ...       Respondent

2. C.M.DINESAN, AGED 47 YEARS,

                For Petitioner  :SRI.K.P.HARISH

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :30/08/2010

 O R D E R
          M.SASIDHARAN NAMBIAR,J.

           ---------------------------------------------
             CRL.M.C.NO.911 OF 2010
           ---------------------------------------------
              Dated 30th        August, 2010


                          O R D E R

Petitioner, the first accused in

C.C.1306/2008 absconded when the remaining

accused were tried by Judicial First Class

Magistrate-II, Hosdurg. By Annexure-IV

judgment third accused was found not guilty

and was acquitted. Case as against the

petitioner and accused 2 and 4 was split up

and re-filed as C.C.440/2007. When the

original fourth accused appeared, he was

tried in C.C.66/2006. By Annexure-V

judgment he was also acquitted. The case

as against accused 1,2 and 5 was split up

and re-filed as C.C.440/2007. When the

petitioner appeared, he was being tried in

C.C.1360/2008 and his plea was recorded

Crmc 911/10
2

under Annexure-VI. This petition is filed under

Section 482 of Code of Criminal Procedure to

quash the proceedings as against him contending

that in view of the acquittal of the

co-accused and absence of materials to show

that the petitioner committed either assault

or used criminal force against the Amin, the

case is to be quashed.

2. Learned counsel appearing for the

petitioner and learned Public Prosecutor were

heard.

3. Argument of the learned counsel

appearing for the petitioner is that the only

allegation as against the petitioner is that

when Amin who attached the vehicle got into the

car, petitioner took the key and went away and

did not permit the Amin to remove the vehicle

and the other accused though used criminal

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force it was not against the Amin but the

persons who accompanied the amin. I do not find

that it is a matter to be considered and

decided by this court in a petition filed under

Section 482 of Code of Criminal Procedure.

Petitioner is entitled to raise all the

contentions before the learned Magistrate.

Petition is dismissed.

M.SASIDHARAN NAMBIAR,
JUDGE.

uj.