IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4963 of 2010()
1. TITUS.A.M, S/O.MARYDAS,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY
... Respondent
For Petitioner :SMT.P.V.SREELATHA
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :20/12/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.No. 4963 OF 2010
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Dated this the 20th day of December,2010
ORDER
Petitioner who was the first accused in
C.C.273/1995 on the file of Judicial First
Class Magistrate Court-I, Kochi filed this
petition to quash the proceedings pending
against him now as C.C.1565/2010, contending
that accused 2, 3, 5, 6, 9, 14, 15 and 17 to
19 were acquitted in C.C.273/1995. Case
against others were refiled as C.C.296/1999 and
three accused were acquitted and case as
against others were refiled as C.C.2449/2008.
By Annxure A1 judgment in C.C.2449/2008,
accused 1 and 4 therein were acquitted. It is
contended that in such circumstances, it is
not in the interest of justice to continue the
prosecution.
2. Learned counsel appearing for the
Crl.M.C.4963/2010 2
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. Hence case against the
petitioner cannot be quashed as sought for.
Petitioner is at liberty to raise all the
contentions raised herein and seek an order of
discharge, if charge is not framed from the trial
court.
Petition is disposed.
M.SASIDHARAN NAMBIAR
JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
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JUDGMENT
SEPTEMBER,2006