IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 Crl.MC.No. 3595 of 2009(F) -------------------------------------- CC.NO.13/2007 OF CHIEF JUDICIAL MAGISTRATE, ERNAKULAM. .................... PETITIONER/ 3RD ACCUSED: ------------------------------------------ JOBOY @ JOBY, S/O.AUGUSTINE, AGED 34 YEARS, PARAYIL HOUSE, NEAR NAZRETH CONVENT, PERUMPILLY, NJARAKKAL. BY ADV. MR.P.K.RAVISANKAR. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.3595 OF 2009 =========================== Dated this the 20th day of November,2009 ORDER The petitioner is the third accused in C.C.13/2007 on the file of Chief Judicial Magistrate Court, Ernakulam taken cognizance for the offence under sections 7 and 14 of Foreigners Act. The allegation against the petitioner is that he was the receptionist of Hotel Dwaraka and from 3.10. p.m on 3.11.2006 to 10.30 p.m on 4.11.2006, two Srilankan citizens resided in the hotel and their residence was not reported as provided under the Foreigners Act and therefore petitioner along with the first accused licensee and second accused full time Director of the Hotel, committed the offences. 2. Accused 1 and 2 were earlier filed Crl.M.C.2127/2007 under section 482 of Code of Criminal Procedure to quash the case as against them. As per Annexure B order dated 23.7.2009, the case as against accused 1 and 2 were quashed finding that the offences under section 7 and 14 of the Act is not at all attracted and even if they are to be tried in the case Crl.M.C.3595/2009 2 they cannot be convicted. This petition is filed by the third accused to quash the case as against him contending that in view of the findings in Annexure B order the case as against the petitioner is also to be quashed. 3. Learned counsel appearing for the petitioner and the learned Public Prosecutor were heard. 4. The same question was elaborately considered by this court in Annexure B order and it is found that the offences alleged him would not lie and no purpose will be served by proceeding with the trial. The prosecution as against accused 1 and 2 in the case was quashed. When the case against those accused was quashed, on the very same ground, the case against the petitioner also will not lie. The findings in the order applies to the petitioner also. In such circumstances, petition is allowed. C.C.13/2007 on the file of Chief Judicial Magistrate Court, Ernakulam as against the petitioner, the third accused, is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006