IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 Crl.MC.No. 596 of 2009() ------------------------ CC.590/2001 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR .................... PETITIONER(S): ACCUSED NOS.4 & 20 --------------------------------- 1. AZEEZ S/O. VEERAN, THEKOOTTAN VEEDU, PAYYANGODE, KAIRADI. 2. AJITH S/O. RAMAKRISHNAN, PAYYANGODE, KAIRADI. BY ADV. SRI.P.C.SASIDHARAN RESPONDENT(S): RESPONDENT ------------------------- THE STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. SALIM P.A. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl. M.C. NO. 596 of 2009 * * * * * * * * * * * * * * * * * * Dated: 9th February, 2009 ORDER Petitioners who are accused Nos. 4 and 20 in Crime No. 183 of 2000 of Nenmara Police Station for offences punishable under Sections 143, 147, 148, 427, 448 and 506 (1) read with Sec 149 I.P.C. seek to quash the proceedings initiated against them as C.C. No. 590 of 2001 before the J.F.C.M. Alathur. The main ground on which proceedings are sought to be quashed is that the co-accused in the case registered as C.C. 361 of 2004 were acquitted by the learned Magistrate as per judgment dated 31-5-2004. The petitioners who did not face trial in the said case cannot seek the proceedings against them to be quashed in a petition under Sec. 482 Cr.P.C. They will have to surrender before the Magistrate and plead for a discharge on the basis of the judgment of acquittal the co-accused. This petition is accordingly dismissed without prejudice to the petitioners to plead for a discharge before the learned Magistrate. Dated this the 9th day of February, 2009. Sd/- V. RAMKUMAR, (JUDGE) /true copy/ ani.