R.S. Santhosh Kumar vs Intergrated Finance Company … on 9 June, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1557 of 2009()


1. R.S. SANTHOSH KUMAR, @ SANTHOSH,
                      ...  Petitioner
2. M. SADASIVAN NADAR, S/O. MADAVAN NADAR,

                        Vs



1. INTERGRATED FINANCE COMPANY LIMITED,
                       ...       Respondent

2. STATE OF KERALA, REP. BY THE

                For Petitioner  :SRI.SREEKANTH S.NAIR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :09/06/2009

 O R D E R
              M.SASIDHARAN NAMBIAR,J.
            ===========================
            CRL.M.C.No.1557       OF 2009
            ===========================

       Dated this the 9th day of June,2009

                        ORDER

Petitioners are the accused in C.C.659/2003 on the

file of Judicial First Class Magistrate Court III,

Thiruvananthapuram. This petition is filed under

section 482 of the Code of Criminal Procedure to quash

the final report submitted before the court and taken

cognizance by the learned Magistrate.

2. Learned counsel appearing for the petitioner

and the learned Public Prosecutor were heard.

3. Learned Public Prosecutor submitted that Cws 1

and 2, the main witnesses in the case have already been

examined and they did not support the prosecution and

in such circumstance there is no necessity to quash the

proceedings as in the light of that evidence the

petitioner cannot be convicted.

4. When the main evidence in the case is already

recorded and it is reported that the witness did not

support the prosecution there is no chance for any

conviction. In such circumstances, I find no reason to

invoke the extra ordinary jurisdiction of this court to

Crl.M.C.1557/2009 2

quash the proceedings.

Petition is disposed accordingly.

M.SASIDHARAN NAMBIAR
JUDGE
tpl/-

M.SASIDHARAN NAMBIAR, J.

———————

W.P.(C).NO. /06

———————

JUDGMENT

SEPTEMBER,2006