Shanavas v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 18TH DAY OF FEBRUARY 2015/29TH MAGHA, 1936 Crl.MC.No. 652 of 2015 ------------------------ AGAINST CC 70/2009 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT -III, PUNALUR CRIME NO. 557/2008 OF PATHANAPURAM POLICE STATION, KOLLAM PETITIONER/5TH ACCUSED:
----------------------- SHANAVAS, AGED 29 YEARS S/O.SHAHULHAMEED, RESIDING AT SHANAVAS MANZIL, NEAR THYCAVU, PATHIRICKAL MURI, PATHANAPURAM VILLAGE, PUNALUR, KOLLAM DISTRICT.
BY ADV. SRI.V.A.AJIVAS RESPONDENTS/COMPLAINANT:
------------------------
1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PATHANAPURAM POLICE STATION, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. ABDUL KARIM, AGED 58 YEARS, S/O.MOIDEEN PILLA RAVOOTHAR, RESIDING AT KOTTAVILA PURAYIDAM VEEDU, PATHIRAKKAL MURI, EDATHARA, PATHANAPURAM VILLAGE, PUNALUR, KOLLAM DISTRICT.
R1 BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 652 of 2015 ----------------------- APPENDIX PETITIONER'S ANNEXURES:
----------------------- ANNEUXRE A1`- COPY OF THE CHARGE SHEET IN CRIME NO.557/2008 OF PATHANAPURAM POLICE STATION IN KOLLAM DISTRICT PENDING AS CC NO.70/08 BEFORE THE HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE COURT III, PUNALUR, KOLLAM.
ANNEXURE A2- COPY OF THE DEPOSITION MADE BY THE DEFACTO COMPLAINANT IN C.C.NO.70/2009 IN HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE COURT III, PUNALUR, KOLLAM.
RESPONDENTS' ANNEXURES:
----------------------- NIL //TRUE COPY// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- Crl.M.C No.652 of 2015 --------------------------------------- Dated this the 18th day of February, 2015 O R D E R The petitioner herein is the 5th accused in C.C No.70/2009 before the Judicial First Class Magistrate Court III, Punalur. Trial in the said case is going on against five accused. The petitioner herein now seeks orders under Section 482 of the Code of Criminal Procedure quashing the prosecution as against him on the ground that the witnesses examined before the trial court have not stated anything to implicate them. The said prayer cannot be now granted by this Court. When trial is going on in the trial court, this Court cannot intrude into the trial process under Section 482 of the Code of Criminal Procedure and pass order as regards one or the other accused.
Having opted to face trial on a charge, the petitioner will have to face trial and receive the final result of the trial. It would be unjust and inappropriate to make an intrusion under Section 482 of the Code of Criminal Procedure when trial is going on.
Crl.M.C No.652 of 2015 by the trial court.
In the result, this Criminal Miscellaneous Case is dismissed in limine without being admitted to files. P.UBAID JUDGE ab