IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 Crl.MC.No. 5012 of 2010() ----------------------------------- SC.827/2010 OF ADDL. DISTRICT & SESSIONS COURT, FAST TRACK COURT NO.I, THRISSUR. SC.NO.67/2002 OF ADDL. DISTRICT & SESSIONS COURT, THRISSUR.(ADHOC I) CP. 36/200 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVAKKAD. ........ PETITIONER(S): IST ACCUSED --------------------------------------------- BOSE, S/O. CHERUPRAPAN IYAPPAN, PALLITHAZHAM, ERATTAPUZHA DESOM, ORUMANAYOOR, CHAVKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT(S): STATE ------------------------------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 5012 OF 2010 =========================== Dated this the 22nd day of December,2010 ORDER Petitioner was the 16th accused in S.C.67/2002 on the file of Additional Sessions Judge, Thrissur. Annexure A judgment shows that when the case was posted for questioning the accused, petitioner accused No.16 along with accused 11, 13, 16, 20, 21, 26, 27, 29 and 30 absconded and therefore the case was proceeded only as against the remaining accused and ultimately by Annexure A judgment they were acquitted. Petition is filed under section 482 of Code of Criminal Procedure to quash the case pending against him. 2. Learned counsel appearing for the petitioner was heard. 3. Based on Annexure A judgment the case cannot be quashed as sought for in view of the Crl.M.C.5012/2010 2 Division Bench decision of this court in Moosa v. Sub Inspector of Police (2006(1) KLT 552). Additional Sessions Judge, Thrissur is directed to dispose S.C. 827/2010 expeditiously. If the case is posted to 30.12.2010 as represented by the counsel learned Additional Sessions Judge need question him under section 313 of Code of Criminal Procedure on that day and thereafter dispose the case expeditiously. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006