IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1817 of 2009(A)
1. RAMACHANDRAN, S/O. GOPALAKRISHNA
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.KRISHNADAS P. NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :03/06/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.1817 OF 2009
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Dated 3rd June 2009
O R D E R
Petitioner is the accused in S.C.405/2007 on
the file of Additional Sessions court, Vadakara. This
petition is filed under Section 482 of Code of
Criminal Procedure to quash Annexure-B charge sheet
submitted in crime 142/1992 based on which cognizance
was taken and later committed to the sessions court
and pending before Additional sessions court,
Vadakara. Case of the petitioner is that the case as
against other accused were tried by learned Sessions
Judge in S.C.845/2006 and as evidenced by Annexure-C
judgment dated 17/4/2008 the other accused were
already found not guilty and acquitted and in such
circumstances, no purpose will be served by recording
the evidence in this case and so the case is to be
quashed.
2. On hearing the learned counsel, I find
no reason to quash the pending sessions case as
against the petitioner. Fact that other accused were
CRMC 1817/09
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acquitted in S.C.845/2006, for want of evidence as
against them, is not a ground to quash the proceedings.
Question whether there is evidence as against
petitioner is to be decided in this case, after
recording the evidence. Learned counsel appearing for
petitioner submitted that in the F.I statement name of
the petitioner was not mentioned and therefore, it is
a valid ground to hold that case against petitioner is
not correct. It is not for this court at this stage to
consider whether omission to mention the name of the
petitioner in the First Information Report is fatal to
the petitioner or not. If the case of the petitioner is
that there is no material available in the case records
to frame a charge against him he is at liberty to seek
an order of discharge from the sessions court.
Petition is dismissed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.
