Muhammed 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, 1937Q Crl.MC.No. 7349 of 2014 ----------------------------------- CC.NO.1015/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, PERINTHALMANNA CRIME NO. 98/2012 OF KOLATHUR POLICE STATION , MALAPPURAM --------------- PETITIONER(S)/ACCUSED:

------------------------------------ MUHAMMED, S/O.ABDUL SALAM, VELAKKATTIL HOUSE, MUTHUTHALA KARAKKUTHU, PATTAMBI.

BY ADVS.SRI.C.M.KAMMAPPU SRI.MANSOOR.B.H.

RESPONDENT(S)/COMPLAINANT/STATE:

--------------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA (REPRESENTING THROUGH STATION HOUSE OFFICER, KOLATHUR POLICE STATION, MALAPPURAM DIST).

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: PJ

Crl.MC.No. 7349 of 2014 --------------------------------- APPENDIX PETITIONER(S)' ANNEXURES ----------------------------------------- ANNEXURE-A: CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.98/2012 OF KOLATHUR POLICE STATION.

ANNEXURE-B: A TRUE COPY OF THE JUDGEMENT DATED 30.10.2014 IN C.C.NO.1173/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - II, PERINTHALMANNA.

RESPONDENT(S)' ANNEXURE ------------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

K. ABRAHAM MATHEW, J.

==================== Crl. M.C.No. 7349 of 2014 - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of June, 2015

O R D E R

Petition filed under section 482 Cr.P.C.

2. Petitioner is the accused in Crime No. 1015 of 2014 on the file of Judicial First Class Magistrate-II, Perinthalmanna. As he was absconding in the original case, the case against him was split up and the co-accused were tried and acquitted. Now his prayer is to quash the proceedings on the ground that the co-accused have been acquitted.

3. Heard.

4. Merely because the co-accused have been acquitted, the proceedings against the petitioner cannot be quashed. He should face trial; there is no reason to grant his prayer In the result, this Crl. M.C. is dismissed.

Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge