IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4461 of 2010()
1. RAMESAN, S/O. KUVAKKATTIL APPU,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY THE
... Respondent
2. ECO MARK GENERAL FINANCE AND LEASING
For Petitioner :SRI.M.SHAJU PURUSHOTHAMAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :02/12/2010
O R D E R
M.Sasidharan Nambiar, J.
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Crl.M.C.No.4461 of 2010
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ORDER
Petitioner was the third accused in C.C.No.
735/2004 on the file of Judicial First Class
Magistrate’s Court-I, Thrissur. As he was
absconding, case against him was split up and
refiled as C.C.No.616/2010 and the remaining two
accused were tried by the learned Magistrate. By
Annexure-C judgment, those accused were acquitted.
This 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 and for want of materials
against the petitioner, the case is to be quashed.
2. On hearing the learned counsel, I cannot
agree with the submission that based on Annexure-C
judgment, whereunder, the co-accused were
acquitted, the case against an absconding accused
is to be quashed. Though learned counsel appearing
CRMC 4461/10 2
for the petitioner submitted that there are no
materials produced along with the final report,
including the statements of the witnesses against
the petitioner and as continuation of the
proceedings will serve no purpose, it is not in the
interest of justice to continue the proceedings. It
is not for this Court to analyse the materials and
find out whether there is material against the
petitioner or not. Petitioner is at liberty to
raise all the contentions raised herein before the
Magistrate and if charge is not framed, seek an
order of discharge under Section 239 of Code of
Criminal Procedure.
Petition is disposed.
2nd December, 2010 (M.Sasidharan Nambiar, Judge)
tkv