IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 Crl.MC.No. 2392 of 2010() ----------------------------------------- CRIME NO.119/1996 OF MALAPPURAM POLICE STATION PETITIONER(S): ------------------------- ABDUL KAREEM,S/O.MOIDEEN MUHAMMED, VADAKKANGARA, MAKKARAPARAMBA, MALAPPURAM. BY ADV. SRI.JOSEPH SEBASTIAN PURAYIDAM SMT.MABLE.C.KURIAN RESPONDENT(S): --------------------------- C.I.OF POLICE MALAPPURAM, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2392 of 2010 = = = = = = = = = = = = = = Dated this the 1 st day of July, 2010 ORDER Petitioner, who is the 1st accused in Crime No.119 of 1996 of Malappuram Police Station and now pending before the Sessions Court, Manjeri as S.C.No.399 of 2006 for offences punishable under Sections 143,147,148,323,324 read with 149 IPC and Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 seeks to quash the entire proceedings against him. Since the petitioner was employed abroad, he was treated as absconding. 2. In fact, all the accused persons other than those who are absconding were discharged by the Sessions Court in S.C.No.317/2001 as evidenced by Annexure C order dated 7.10.2006 consequent on the Public Prosecutor in charge of the case sought permission to withdraw the case under Section 321 Cr.P.C. In the case of yet another accused person namely A3 who was also absconding, this Court as per Annexure D order dated 9.04.2010 in Crl.M.C.No.1247/2010 quashed the proceedings against him taking into account the withdrawal of Crl. M.C. No. 2392 of 2010 2 the prosecution as well. If so, I see no reason why the same benefit should not be given to the petitioner as well. Accordingly S.C.No.399/2006 as against the petitioner on the file of Sessions Court, Manjeri shall stand quashed. This Crl.M.C is allowed as above. Dated this the 1st day of July, 2010. V. RAMKUMAR, JUDGE sj