IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 Crl.MC.No. 4073 of 2010() -------------------------------------- CC.373/2010 of JUDL. MAGISTRATE OF FIRST CLASS COUR,CHALAKKUDY .................... PETITIONER/ACCUSED ---------------------------------- ANWAR, S/O.ALI, CHEENIKKAPPURATH HOUSE, PATTEPPADAM, VELLANKALLOOR, THRISSUR DISTRICT. BY ADV. SRI.FRANCO T.J. RESPONDENTS/COMPLAINANTS ------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, CHALAKKUDY POLICE STATION, CHALAKKUDY, THRISSUR DISTRICT-680 307. R1 & R2 BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4073 OF 2010 --------------------------------------------- Dated 6th October, 2010 O R D E R Absconding accused in C.C.250/2007 on the file of Judicial First Class Magistrate's Court, Chalakkudy filed this petition under Section 482 of Code of Criminal Procedure to quash the case contending that co-accused was tried and acquitted under Annexure-A1 judgment and absolutely no evidence was adduced in that case in support of the prosecution case and in such circumstances, it will not serve any purpose by directing the petitioner to undergo the ordeal of a trial and therefore, it is to be quashed. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Prosecution case is that petitioner Crmc 4073/10 2 along with second accused who was acquitted by Annexure-A1 judgment, pelted stones towards K.S.R.T.C bus No.KL-15-4789 on 16/12/2006 with an intention to cause damage to public property and caused a loss of Rs.4,250/- and thereby committed the offence under Section 3(2) of P.D.D.P Act. Argument of the learned counsel is that there is observation in Annexure-A1 judgment that witness deposed that he did not identify the person and therefore, there will be no evidence, even if petitioner is to be tried. As held by the Full Bench in Moosa v. Sub Inspector of Police (2006(1) KLT 552) based on a judgment acquitting the co-accused an absconding accused is not entitled to get the case against him quashed. Petition is dismissed. M.SASIDHARAN NAMBIAR, Crmc 4073/10 3 JUDGE. uj.