IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 Crl.MC.No. 1557 of 2009() ------------------------------------ C.C. NO.659/2003 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, THIRUVANANTHAPURAM. CRIME NO.102/2003 OF CONTONMENT POLICE STATION ........ PETITIONER(S): ------------------------- 1. R.S. SANTHOSH KUMAR, @ SANTHOSH, S/O. SADASIVAN NADAR, AGED 36 YEARS, MEDAYIL BUNGLOW, ALAMUKKU, POOVACHAL P.O., THIRUVANANTHAPURAM, 695 575. 2. M. SADASIVAN NADAR, S/O. MADAVAN NADAR, AGED 76 YEARS, MEDAYIL BUNGLOW, ALAMUKKU, POOVACHAL P.O. THIRUVANANTHAPURAM 695 575. BY ADV. MR.SREEKANTH S.NAIR RESPONDENT(S): -------------------------- 1. INTERGRATED FINANCE COMPANY LIMITED, 2ND FLOOR, KARIMPANAL STATUE AVENUE, STATUE ROAD,THIRUVANANTHAPURAM 695 001, REPRESENTED BY EXECUTIVE ASSISTANT, D.RAVIKUMAR, S/O. DANIAL, AGED 55 YEARS, T.C. 12/1068, KRIPA, NEAR GOVT. LAW COLLEGE, TVM 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.A. NO.2606/2009 IN CRL.MC. NO.1557/2009 DISMISSED 09.06.2009 SD/- M.SASIDHARAN NAMBIAR, JUDGE TRUE COPY P.S. TO JUDGE TSS M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.1557 OF 2009 =========================== Dated this the 9th day of June,2009 ORDER Petitioners are the accused in C.C.659/2003 on the file of Judicial First Class Magistrate Court III, Thiruvananthapuram. This petition is filed under section 482 of the Code of Criminal Procedure to quash the final report submitted before the court and taken cognizance by the learned Magistrate. 2. Learned counsel appearing for the petitioner and the learned Public Prosecutor were heard. 3. Learned Public Prosecutor submitted that Cws 1 and 2, the main witnesses in the case have already been examined and they did not support the prosecution and in such circumstance there is no necessity to quash the proceedings as in the light of that evidence the petitioner cannot be convicted. 4. When the main evidence in the case is already recorded and it is reported that the witness did not support the prosecution there is no chance for any conviction. In such circumstances, I find no reason to invoke the extra ordinary jurisdiction of this court to Crl.M.C.1557/2009 2 quash the proceedings. Petition is disposed accordingly. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006