IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1920 of 2010()
1. T.J.ABRAHAM, THENKADIYIL HOUSE,
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
2. STATE, RP.BY PUBLIC PROSECUTOR,
For Petitioner :SRI.T.G.RAJENDRAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :10/06/2010
O R D E R
V.RAMKUMAR, J.
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Crl.M.C. No.1920 of 2010
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Dated this the 10th day of June, 2010
ORDER
In this petition, filed under Section 482 Cr.P.C, the
petitioner who is the third accused in Crime No.135/2008 of
Vaithiri Police Station for offences punishable under Sections
286 and 304 read with 34 IPC and Section 3 of the Explosive
Substances Act 1908, and now pending before the C.J.M
Court, Kalpetta as C.P.No.4/2010, seeks to quash final report
and the subsequent proceedings as against him.
2. Even in the final report, the specific allegation is
that, on 22.8.2008 at about 5 p.m on account of blasting of
rocks by the second accused in the quarry belonging to A1,
one Chacko and the second accused sustained fatal injuries.
There is a further statement that, A3 has blasted rock without
any license or any authority on several occasions. The
prosecution has no case that, either on 22.8.2008 or on any
specified day, A3 had unlawfully blasted rock in the property.
The subject matter of the crime itself is the blasting of rocks
on 22.8.2008 resulting in the death of two persons. Hence, the
charge against A3 is ill-conceived. The final report as well as
Crl.M.C. No.1920 of 2010
: 2 :
proceedings before the Chief Judicial Magistrate, so far as
they relate to the third accused is accordingly quashed. This
Criminal M.C is disposed of as above.
V.RAMKUMAR, JUDGE
dmb