IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 Crl.MC.No. 3006 of 2010() ------------------------- CC.120/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT -I, ALAPPUZHA .................... PETITIONER(S): / ACCUSED --------------- BABU, M,ANALIPARAMBU VEEDU THUNDATHU KADAVU, VARAPPUZHA, P/W NO.8, ERNAKULAM. BY ADV. SRI.G.PRIYADARSAN THAMPI RESPONDENT(S): / COMPLAINANT --------------- THE SUB INSPECTOR OF POLICE ALAPPUZHA NORTH POLICE STATION THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.3006 OF 2010 -------------------------------------- Dated this the 28th day of July, 2010 ORDER Petitioner, who is the accused in C.C.No.120/2009 on the file of the J.F.C.M Court-I, Alappuzha for an offence punishable under Section 174(A) (i) IPC for refusal to appear in response to the proclamation under Section 82 Cr.P.C issued in C.C.No.1273/2006 before the very same Court for offences punishable under Sections 279 and 304A IPC, seeks to quash the proceedings against him. In C.C.No.1273/2006, the petitioner subsequently appeared before the Court was enlarged on bail and contested the case and was acquitted as evidenced by Annexure A1 order dated 17.7.2009. It is for the non-appearance in response to the proclamation issued in that case that the present case was initiated against the petitioner. When the main case itself ended in acquittal, I do not think that it is desirable to allow C.C.No.120/2009 to be proceeded with. Accordingly, C.C.No.120/2009 on the file of the J.F.C.M Court-I, Alappuzha is quashed. This Criminal M.C is allowed as above. V.RAMKUMAR, JUDGE dmb