IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Crl.MC.No. 3424 of 2008() ------------------------- AGAINST THE ORDER IN LP.78/2003 IN CP.10/2002 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II,PATHANAMTHITTA .................... (CRIME NO.299/01 OF KOIPURAM POLICE STATION) PETITIONER(S): ------------------------- REMANAN, AGED 48 YEARS, S/O.GOVINDAN, MULLACKAL HOUSE, NIRAVIL COLONY, KURIANNUR THOTTAPUZHASSERY VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. MR.VARUGHESE M .EASO RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KOIPURAM POLICE STATION, PATHANAMTHITTA DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR MR. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3424 of 2008 -------------------------- ORDER Petitioner was the tenth accused in C.P.No.10/2002 on the file of Judicial first class Magistrate's Court- II, Pathanamthitta. As petitioner was absconding, the case against him was split up and refiled as L.P.No. 78/2003. The case against accused 1 to 9 was committed to the Sessions Court and taken on file as S.C.No. 731/2003. When the case was pending before Assistant Sessions Court, Thiruvalla, Annexure-I petition was filed by Assistant Public Prosecutor under Section 321 of Code of Criminal Procedure to withdraw the prosecution. By Annexure-II order, prosecution was permitted to be withdrawn. Consequently, accused 1 to 9 were discharged, as provided under Section 321(a) of Code of Criminal Procedure. As the case against the petitioner was not committed and was remaining as a split up case before the Magistrate, it was not withdrawn. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings against the petitioner contending that in view of the CRMC 3424/08 2 withdrawal of prosecution in S.C.No.731/2003, it is not in the interest of justice to continue the prosecution. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Annexure-I petition filed before Assistant Sessions Court, Thiruvalla establishes that Government had reported no objection for withdrawing the case not only against the accused who are facing trial, but against the all accused. Though the petition shows that the case sought to be withdrawn is S.C.No.124/2002, it is clear that intention was not to withdraw the case against the accused in the sessions case alone, but, the very prosecution of the accused in Crime No. 299/2001 of Koipuram Police Station. When the learned Assistant Sessions Judge has already granted permission to withdraw the prosecution under Annexure-II order, it is not in the interest of justice to continue the prosecution against the petitioner. Petition is allowed. L.P.No.78/2003 on the file of Judicial First Class Magistrate's Court-II, Pathanamthitta is quashed. 7th April, 2010 (M.Sasidharan Nambiar, Judge) tkv