IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 Crl.MC.No. 3659 of 2011() ----------------------------------- SC.9/2006 of ADDL.DISTRICT & SESSIONS COURT, ERNAKULAM LP.9/2008 of ADDL.CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM .............................................. PETITIONER / ACCUSED ---------------------------------- SHAJI, S/O.JOHN, AGED 41 YEARS, THURAVELIL VEETTIL, NEAR KFRI, KANNARA DESOM, PEECHI VILLAGE, PEECHI TALUK, TRICHUR. BY ADVS. SRI.GEO PAUL SRI.SANU MATHEW SRI.C.R.PRAMOD SRI.NOEL JOSEPH SRI.M.B.SANDEEP SRI.K.V.REJANISH SRI.S.ASHOK KUMAR RESPONDENTS / STATE --------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR, HILL PALACE POLICE STATION, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: AV CRMC.NO.3659/2011 APPENDIX PETITIONER'S ANNEXURES : A-1 : COPY OF THE F.I.R IN CRIME NO.112/2000 OF HILL PALACE POLICE STATION, ERNAKULAM. A-2 : CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.112/2000 OBTAINED FROM THE ADDITIONAL SESSION COURT (AD HOC-II), ERNAKULAM AS CHARGE IN S.C.NO.9/2006. A-3 : CERTIFIED COPY OF THE PROCEEDINGS IN L.P.NO.9/2008 ON THE FILES OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM. A-4(a) :THE CERTIFIED COPY OF THE DEPOSITIONS OF PW 1 A-4(b):THE CERTIFIED COPY OF THE DEPOSITIONS OF PW 2 A-4(c): THE CERTIFIED COPY OF THE DEPOSITIONS OF PW 3 A-4(d): THE CERTIFIED COPY OF THE DEPOSITIONS OF PW 4 A-4(e): THE CERTIFIED COPY OF THE DEPOSITIONS OF PW 5 A-5 : THE CERTIFIED COPY OF THE JUDGEMENT IN SC NO.9/2006ON THE FILES OF ADDITIONAL SESSIONS COURT (FAST TRACK-II), ERNAKULAM. RESPONDENTS' ANNEXURES : NIL /TRUE COPY/ P.A TO JUDGE AV N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C. 3659 of 2011 ------------------------------------------ Dated this the 3rd day of November, 2011 O R D E R Petitioner is the second accused in Crime No.112/2000 Hill Palace Police Station , Ernakulam. The final report filed in this case was filed against the petitioner and seven other accused. All other accused faced trial and they were acquitted by the Additional Sessions Judge (Adhoc – II), Ernakulam. The offence alleged against the accused are under Sections 143, 147, 148, 51, 506(ii) r/w149 IPC and Sec. 21 of the Arms Act. All the witnesses examined before the trial court turned hostile stating there was no incident as narrated in the charge sheet filed by the police. The petitioner herein who was the second accused in the final report was absconding and so the case was transferred to the registry of long pending case and was numbered as LP No.9/2008. 2. The learned counsel for the petitioner submits that the petitioner could not be present in court when the trial was in progress as he was working abroad. It was not Crl.M.C. 3659 of 2011 -: 2 :- deliberate, the learned counsel submits. It is further submitted that as all the witnesses examined by the prosecution in SC No.9/2006 turned hostile and stated that there was no incident at all and they did not see any incident, no useful purpose will be served by proceeding with the trial as against this accused. 3. In fact it is seen that no offence triable by a court of session is disclosed since no prohibited arms for immunization were used so as to attract Section 27(2) and 27(3) of the Arms Act. Whatever that be since all the witnesses turned hostile, I find that the proceedings against this petitioner is to be quashed. Hence further proceedings in LP. No.9/08 pending before the Additional CJM Court, Ernakulam is quashed. N.K. BALAKRISHNAN, JUDGE Crl.M.C. 3659 of 2011 -: 3 :- smvd