M.C.Majeed v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 23RD DAY OF JUNE 2015/2ND ASHADHA, 1937 Crl.MC.No. 3495 of 2015 () --------------------------- CC.NO.4134/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,KASARAGOD CRIME NO. 147/2009 OF BADIADKA POLICE STATION , KASARAGOD DISTRICT ------------------ PETITIONER(S)/ACCUSED 2 & 3 :

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1. M.C.MAJEED, AGED 41 YEARS, S/O.LATE MOOSA, R/AT CHARALADUKKA, NEKRAJE VILLAGE, KASARAGOD DISTRICT.

2. K.P.BASHEER, AGED 29 YEARS, S/O.ABDUL RAHIMAN, R/AT KAPPIL KADAPPURAM, PALAKKUNNU, UDUMA VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT/COMPLAINANT :

------------------------------------------------ STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER BADIADKA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts

Crl.MC.No. 3495 of 2015 () --------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

----------------------------------------------- ANNEX-I.

TRUE COPY OF FINAL REPORT IN CRIME NO.147/2009 DATED 25/8/2009 BY THE BADIADKA POLICE STATION.

ANNEX-II.

TRUE COPY OF JUDGMENT IN CC.NO. 789/2009 BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KASARAGOD.

RESPONDENT(S)' ANNEXURES:

NIL ----------------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - CRL.M.C.No.3495 of 2014 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of June, 2015

O R D E R

Petition filed under section 482 Cr.P.C.

2.

Petitioners were accused 2 and 3 in CC.No.789/2009. After taking bail they absconded. The case against them was split up and the case against the co-accused was proceeded with. The trial of the co-accused ended into acquittal. The case against the petitioners was refiled as CC.No.4134/2014. Now they have come up before this court with a request to quash the proceedings against them on the ground of acquittal of the co-accused. They must first surrender before the court concerned. It is not in public interest to entertain their application for quashing the proceedings.

In the result, this Crl.M.C. is dismissed.

sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge