IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2561 of 2010()
1. T.ASSAINAR, S/O.SAIDALAVI SHAFI,
... Petitioner
2. M.S.ALI, S/O.MAMMUNHI,
3. K.A.IMTHIAS, S/O.ABDULLA,
4. K.FAROOK, S/O.ABDUL KADER,
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
2. STATE REP.BY PUBLIC PROSECUTOR
For Petitioner :SRI.T.G.RAJENDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :08/07/2010
O R D E R
* * * *V.*RAMKUMAR,*J.* * * *
* * * * * * * *
Crl.M.C. NO. 2561 of 2010
* * *Dated:* *8th*July,*2010* *
* * * * * * * * *
ORDER
Petitioners who are accused Nos. 2,3,8 and 10 in Crime
No. 1022 of 2002 of Kasaragod Police Station for offences
punishable under Sections 143, 147, 148, 427 and 308 read
with Sec. 149 I.P.C. and stated to be pending before the Addl.
Sessions Court, (Adhoc – III), Kasaragod as Sessions Case No.
150 of 2010 , seek to quash the proceedings on the ground
that in S.C. No. 474/04 as per which the remaining accused
persons faced trial, the Public Prosecutor in-charge of the
case had withdrawn the prosecution with the permission of the
Court by invoking Section 321 (b) Cr.P.C. According to the
petitioners, when the prosecution was withdrawn in S.C.
424/04, the case against the petitioners also should be
treated as withdrawn.
2. The petitioners can move the Addl. Sessions Court
-:2:-
Crl.M.C. NO. 2561 of 2010
and raise the above contention. Without approaching the
trial Court with the above request, they cannot straight away
come to this Court with a petition under Section 482 CrP.C.
Reserving the above right of the petitioner to move the trial
Court, this Crl. M.C. is dismissed.
V. RAMKUMAR,
(JUDGE)
ani.