IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 Crl.MC.No. 1118 of 2009() ------------------------- ST.50/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA .................... PETITIONER(S): (5TH ACCUSED): -------------------------------------------------- VIJAYAN NAIR P.N., S/O.NARAYANAN NAIR, AGED 58 YEARS, CHIEF MANAGER, SYNDICATE BANK, REGIONAL OFFICE, PIONEER TOWERS, ERNAKULAM. BY ADV. MR.K.T.SHYAMKUMAR RESPONDENT(S): (STATE AND COMPLAINANT): ----------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, ADVOCATE GENERAL'S OFFICE, HIGH COURT OF KERALA. 2. KUMARAN K.M., S/O.MANI, AGED 51 YEARS, KATTIL HOUSE, PERINGAMKULAM DESOM, KODAKARA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. R1 BY PUBLIC PROSECUTOR MR.B.VINOD R2 BY MR.P.K.RAVISANKAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 24/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.1118 OF 2009 =========================== Dated this the 24th day of July,2009 ORDER This petition is filed under section 482 of the Code of Criminal Procedure to quash the case as against the petitioner contending that even if petitioner is to be tried on the allegations he cannot be convicted. 2. Learned counsel appearing for the second respondent submitted that petitioner is not actually the fifth accused and as per Annexure A1 complaint. The fifth accused is the then Chief Manager and by mistake summons was issued to the petitioner a subsequent manager and subsequently the correct name of the then Chief Manager who is actually the accused is furnished to the court and in such circumstance, there is no objection for quashing the case as against the petitioner. Petition is allowed. The case as against Vijayan Nair in S.T.50/2008 on the file of Judicial First Class Magistrate Court, Irinjalakuda as the fifth accused is quashed. It is made clear that it will not affect the criminal proceeding as against the real fifth accused, Crl.M.C.1118/2009 2 the then fifth accused. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006