IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 Crl.MC.No. 1917 of 2011() ------------------------- CC.535/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KUNNAMKULAM .................... PETITIONER/3RD ACCUSED:- -------------------------------- SHAREEF PATHAYAPARAMBIL, S/O.MOHAMMED UNNI, AGED 42, MUPPADAYIL HOUSE, ATTUPURAM, PUNNAYURJULAM.P.O., TRICHUR DISTRICT. BY ADV. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.R.GITHESH SRI.P.PRIJITH RESPONDENT/COMPLAINANT:- ----------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI. B. VINOD, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C.NO. 1917/2011 ORDER ON CRL.M.A. NO. 3907/2011 IN CRL.M.C.NO. 1917/2011 DISMISSED 15.07.2011 sd/- B.P. RAY, JUDGE. APPENDIX PETITIONER'S ANNEXURES: ANNEXURE I : TRUE COPY OF FIR IN CRIME NO. 68/89 OF PERAMANGALAM POLICE STATION. ANNEXURE II : TRUE COPY OF FINAL REPORT FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMKULAM. ANNEXURE III : TRUE COPY OF JUDGMENT DATED 12.03.2010 IN C.C. NO. 535 OF 2006. RESPONDENT'S ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE rv B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No.1917 of 2011 - - - - - - - - - - - - - - - - Dated this the 15th day of July, 2011. O R D E R Heard the learned counsel for the petitioner and the learned Public Prosecutor . 2. The petitioner is arrayed as third accused in Crime No. 68 of 1989 of Peramangalam Police Station for an offence punishable under Section 3 r/w Section 25(1B)(a) of the Indian Arms Act and now pending as C.C. No. 81 of 1991 before the Judicial First Class Magistrate, Kunnamkulam. Due to the non appearance of the petitioner, the case has now been registered as L.P. No. 16 of 1995 and one of the accused who faced trial in C.C. No. 535 of 2006 has been acquitted. 3. The learned Public Prosecutor states that there is no prima facie case against the petitioner and no overt act has been alleged against him and on reading of the FIR as well as the charge sheet no case is made out against the petitioner. 4. In view of the above statement, I am of the considered view that the continuance of the case will be abuse of process of court. Hence, I direct that L.P. No. 16 of 1995 in C.C. No. 81 of Crl.M.C. No. 1917/2011 -:2:- 1991 pending before the Judicial First Class Magistrate, Kunnamkulam shall stand quashed as against the petitioner and the case against others shall continue. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv