Shoukath v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 12TH DAY OF JUNE 2015/22ND JYAISHTA, 1937 Crl.MC.No.3533 of 2015 ---------------------------------- LP NO.74/2011 of JUDICIAL FIRST CLASS MAGISTRATE COURT-IV,KOZHIKODE. CRIME NO.18/2003 OF VANITHA POLICE STATION,KOZHIKODE. ..

PETITIONER/12TH ACCUSED:

---------------------------------------------------- SHOUKATH,S/O.MUHAMMEDKUTTY, AGED 36 YEARS,RESIDING AT MACHINCHERI HOUSE, PERUMANA AMSOM,PUTHURDESOM,KURUKATHANI, MALAPPURAM DISTRICT.

BY ADVS.SRI.J.R.PREM NAVAZ SRI.P.T.SHEEJISH RESPONDENT/COMPLAINANT:

--------------------------------------------- STATE OF KERALA, REPRESENTED BY 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 12-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

pk

Crl.MC.No.3533 of 2015 --------------------------------- APPENDIX PETITIONER'S ANNEXURES:

----------------------------------------- ANNEXURE A-TRUE COPY OF THE FINAL REPORT SUBMITTED BY THE POLICE IN CRIME NO.18/2003 OF VANITHA POLICE STATION, KOZHIKODE. ANNEXURE B-CERTIFIED COPY OF THE JUDGMENT IN SESSIONS CASE NO.S.C. NO.720/2007 (CP NO.8/07 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-IV) KOZHIKODE.

ANNEXURE C-TRUE COPY OF THE ORDER IN CRL.M.C.NO.2282/2013 FILED BY THE PETITIONER AND DISMISSED AS WITHDRAWN DATED 27.08.2013.

RESPONDENT'S ANNEXURES:

NIL ------------------------------------------- //TRUE COPY// P.S. TO JUDGE pk

K. ABRAHAM MATHEW, J.

---------------------- Crl.M.C. No.3533 of 2015 -------------------------------------------- Dated this the 12th day of June 2015

O R D E R

Petition filed under Sec.482 Cr.P.C.

2. Petitioner was an accused in Crime No.18 of 2003 of Vanitha Police station, Kozhikode. After taking bail he absconded. The other accused were tried and acquitted. The prayer is to quash the proceedings against him on the ground that the co-accused have been acquitted.

3. Heard both sides.

4. The petitioner has been absconding for the last 12 years. There is no question of quashing the proceedings against him for the sole reason that the co accused have been acquitted.

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

K. ABRAHAM MATHEW JUDGE NS