IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 Crl.MC.No. 3461 of 2011() ------------------------- AGAINST THE ORDER IN CMP.6707/2011 IN CC.171/2005 of CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM .................... PETITIONER(S)/COMPLAINANT :- ------------------------------------------------ PARIPALLY R.RAVEENDRAN, S/O.RAGHAVAN, NAVANEETHAM, THOPPIL KADAVU, THIRUMULLAVARAM.P.O., KOLLAM. BY ADV. SRI.K.SIJU SMT.BINDU GEORGE RESPONDENT(S)/ACCUSED & STATE :- ------------------------------------------------------ 1. T.P.NANDAKUMAR, CHIEF EDITOR, PRINTER AND PUBLISHER, CRIME BIWEEKLY, PUTHIYARA ROAD, KOZHIKODE – 673 001. 2. PADINJATTAYIL MOHAN, REPORTER, CRIME BIWEEKLY, PUTHIYARA ROAD, KOZHIKODE – 673 001. 3. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031. ADV.SRI.MANOJ FOR R1 AND R2 PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt Crl.M.C.No. 3461 of 2011 APPENDIX Petitioner's Exhibits :- Annexure 1 :- Copy of complaint in C.C.No.171/2005. Annexure 2 :- Copy of defamatory report published in September, 2001 issue of Crime Biweekly. Annexure 3 :- Copy of C.M.P.No.4718/2011. Annexure 4 :- Copy of documents produced by the ADM regarding the registration of Crime Biweekly for the period 1999 to 2000. Annexure 5 :- Copy of C.M.P. 6707/2011 dated 1.9.2011. Annexure 6 :- Copy of order in C.M.P No.6707/2011 in C.C.No.171/2005 on the file of CJM Court, Kollam dated 14.9.2011. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge C.T.RAVIKUMAR,J. ------------------------------------- Crl.M.C.No. 3461 of 2011 ----------------------------------------- Dated this the 8th day of February, 2013 O R D E R The petitioner is arraigned as accused No.4 in crime No. 149/2004 of Kalady Police Station registered for the offences punishable under Sections 394, 308, 324, 427 and r/w Section 34 of the IPC. Annexure-A Final Report was filed thereon. The third accused therein died during the pendency of the case and as against him the case was abated. The other two accused viz., accused Nos.1 and 2 who stood the trail were acquitted by the trial court as per the common order dated 21.12.2007 in S.C.No.371/2006 and S.C.No.42/2007. Obviously, the petitioner was absconding and in the said circumstances the case against him was split-up and re-filed as S.C.No.20/2008. It is, now, pending before the VIth Additional District and Sessions Court, Ernakulam. This petition has been filed with the prayer to quash Annexure-A Final report in crime No. 149/2004 of Kalady Police Station against the petitioner and also all further proceedings in S.C.No.20/2008 which is now pending before that court as L.P. Crl.M.C.No. 3641 of 2011 2 No.23/2008. Essentially, the contention of the the petitioner is that the co-accused who stood the trial were acquitted by the Sessions Court as per common order dated 21.12.2007 in S.C.No.371/2006 and S.C.No.42/2007. It is contended that all the prosecution witnesses were turned hostile to the prosecution in those cases. I am afraid, the said contention of the petitioner cannot be countenanced and on those grounds the inherent powers under Section 482 of this Court under the Code of Criminal Procedure cannot be invoked to bring about an abrupt termination of the proceedings as against him now pending before the VIth Additional District and Sessions Court, Ernakulam pursuant to Annexure-A Final Report in crime No. 149/2004 of Kalady Police Station in the light of a Full Bench decision of this Court in Moosa V. Sub Inspector of Police reported in [2006 (1) KLT 552]. However, I am inclined to dispose of this petition granting liberty to the petitioner to surrender before the trial court within three weeks from today. In case the petitioner surrenders before the trial court within the above stipulated time Crl.M.C.No. 3641 of 2011 3 and moves an application for bail the same shall be considered on the same day itself. Subject to the above, this Criminal M.C. is disposed of. C.T.RAVIKUMAR,JUDGE. dlk