IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 Crl.MC.No. 209 of 2010() ------------------------ CP.64/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I,KOYILANDY .................... PETITIONER(S): ----------------------- K.SURESH, S/O.RAGHAVAN NAIR, KARAPPALLIVEEDU, PUVAKKADI POST, KOZHIKODE. BY ADV. SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENT(S): ----------------------- THE STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, KOYILANDI POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 209 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of January, 2010. ORDER This is a petition filed under Section 482 of the Code of Criminal Procedure seeking to have Annexure A1 FIR quashed as far as the petitioner is concerned. 2. Petitioner was one of the accused in Crime No.153 of 2004 of Koyilandi Police Station for having committed offences punishable under Sections 143, 147, 148, 341, 323, 323 and 307 read with Section 149 of the Indian Penal Code. 3. Allegation against the petitioner and the other accused is that on 9.3.2004 at about 9 p.m. they formed themselves into an unlawful assembly armed with deadly weapons wrongfully restrained the defacto complainant and caused injuries to him. The charge sheet was laid and the case was taken on file as C.P.115 of 2004 by JFCM, Koyilandi. Petitioner and others were enlarged on bail. Petitioner had to leave India for Crl.M.C.209/2010. 2 employment abroad. C.P.115 of 2004 was committed to Session Court, Koyilandi. But, since the petitioner was not then available, the case against him was split up and renumbered as C.P.64 of 2009. The case against the other accused was committed to Sessions Court, Koyilandi and numbered as S.C. 484 of 2005. 4. It is averred that while he was abroad on employment, it is seen that the disputes between the parties have been amicably settled and the State Government accorded permission to withdraw the prosecution against the accused persons. Accordingly necessary petition was filed before the Sessions Court and the court allowed the withdrawal of the case against the accused, who were present before it. 5. Learned counsel for the petitioner points out that the petitioner has now returned home and he is due to return on 14.2.2010. It is contended that in order to get entry to Kuwait, he has to get a criminal status record from the Kuwait Embassy saying that he is not involved in any Crl.M.C.209/2010. 3 criminal case. He says that pendency of C.P.64 of 2009 will jeopardize his chance of going abroad. It is prayed that since the case against the other accused has been withdrawn by the State Government, there is no point in prosecuting him further. He is entitled to the same benefit given to the other accused. 6. Even though, strictly speaking, it may not be proper to allow this petition, but considering that the job of the petitioner is involved, a lenient view has to be taken. Normally, in such cases, when the accused has absconded, he is bound to appear before the court and face trial. But in the case on hand, it is seen that the State Government had sought leave of the court to withdraw the prosecution against the other accused persons and that had been granted. The same benefit should be extended to the petitioner also. 7. In the light of the peculiar facts and circumstances of this case, this petition is allowed and all further proceedings in Crime No. 153 of 2004 of Koyilandi Crl.M.C.209/2010. 4 Police Station resulting in C.P.64 of 2009 pending before the JFCM, Koyilandi will stand quashed and all further proceedings against the petitioner shall stand dropped. P. BHAVADASAN, JUDGE sb.