IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 Crl.MC.No. 4467 of 2008() ------------------------- CC.124/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT, THALASSERY .................... PETITIONER(S): ACCUSED 3 ------------------------ SUBAIR, S/O.ABOOBACKER, ALLOLATHIL HOUSE P.O.PULIYANAMBRAN, PERINGATHUR. BY ADV. SRI.MILLU DANDAPANI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, (CRIME NO.1/2001 OF CHOCKLI POLICE STATION),REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4467 of 2008 ------------------------------------- Dated this the 27th day of November, 2008 ORDER Petitioner faced indictment along with co-accused in a prosecution for offences punishable, inter alia, under Section 3 of the Prevention of Damage to Public Property Act. The petitioner was not available for trial. The case against him was split up. Accepting an application for withdrawal under Section 321 Cr.P.C filed by the prosecution, the case against the co- accused were withdrawn and proceedings against them was closed. But as the petitioner was not available before court at the relevant time, the benefit of the withdrawal was not extended to the petitioner. 2. The petitioner has now come before this Court with a prayer that powers under Section 482 Cr.P.C may be invoked to bring to premature termination the prosecution against the petitioner. The petitioner is, in law and in justice, entitled to premature termination of the proceedings against him, submits the learned counsel for the petitioner. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor on behalf of the State submits Crl.M.C. No.4467 of 2008 2 that the State has no objection against quashing of the proceedings against the petitioner. The true intention of the State was to ensure that proceedings against all accused in Crime No.1 of 2001 be brought to termination. In these circumstances to avoid any unnecessary protraction of proceedings, the State accepts that the surviving prosecution against the petitioner, which is now pending as C.C.No.496 of 2006 before the court below, can be closed by premature termination. 4. I accept the prayer of the petitioner as endorsed by the learned Public Prosecutor. 5. In the result: a) This Crl.M.C is allowed; b) The surviving prosecution against the petitioner on the basis of the final report in Crime No.1 of 2001 of Chokli Police Station, which is pending before the Judicial Magistrate of the First Class, Thalassery (the present number of the case is C.C.No.496 of 2006, it is submitted) is hereby quashed; c) Needless to say, proceedings, if any, pending against the petitioner and his sureties, shall be disposed of in accordance with law. (R.BASANT, JUDGE) rtr/-