IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4186 of 2010()
1. RAJAN, S/O.KANNAN, MELPARAMBA,
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
2. STATE REP; BY PUBLIC PROSECUTOR,
3. CHANDRASEKHARAN, S/O.GANAPATHI ACHARI,
For Petitioner :SRI.T.G.RAJENDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :15/11/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.4186 OF 2010
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Dated 15th November, 2010
O R D E R
Petitioner was the fifth accused in
C.C.191/1998 on the file of Chief Judicial
Magistrate’s Court, Kasaragod. As he was
absconding, the case against him was split
up and re-filed as C.C.24/2001. The other
seven accused were tried and by Annexure-I
judgment, they were acquitted. On
appearance of the petitioner, the case was
renumbered as C.C.663/2010. Petition is
filed under Section 482 of Code of Criminal
Procedure to quash the proceedings
contending that in view of the order of
acquittal against the co-accused,
continuation of the proceedings against the
petitioner is only an abuse of process of
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2
the Court, as there is no likelihood of a
successful prosecution.
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) an absconding accused is not
entitled to get the case against him quashed,
based on the judgment acquitting the
co-accused. Though Annexure-I judgment shows
that out of the eight accused, seven were
acquitted, in view of the Full Bench decision
the case cannot be quashed. Petitioner is at
liberty to raise all the contentions raised
herein before the learned Magistrate including
the contention that in view of the acquittal of
the other members of the unlawful assembly,
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3
case against the petitioner will not lie and
seek an order of discharge under Section 239 of
Code of Criminal Procedure.
Petition is disposed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.