IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 28TH APRIL 2009 / 8TH VAISAKHA 1931 Crl.MC.No. 1387 of 2009() ------------------------- ST.3291/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, WADAKKANCHERY .................... PETITIONER/IST ACCUSED: -------------------------- K.A. JOSEPH MASTER, AGED 60 YEARS, S/O. ALEX, KOLLANNUR HOUSE, JOLEX, CHERUTHURUTHI.P.O, THRISSUR DISTRICT. BY ADV. SRI.SHOBY K.FRANCIS RESPONDENTS/STATE & DEFACTO COMPLAINANT: --------------- 1. STATE OF KERALA/SUB INPSECTOR OF POLICE, CHERUTHURURTHI POLICE STATION, CHERUTHURUTHI.P.O, THRISSUR DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. 2. ADDITIONAL CHIEF SECRETARY, HOME (L) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. ASST. PUBLIC PROSECUTOR (APP), OFFICE OF APP, NEAR COURT COMPLEX, WADAKKANCHERRY, THRISSUR DISTRICT. 4. SIDHIQUE, S/O. SAIDALAVI, MULAKKAL HOUSE, P.O. CHERUTHURUTHI, THRISSUR. PUBLIC PROSECUTOR MR.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- CRL.M.C.NO.1387 OF 2009 (A) ----------------------------------- Dated this the 28th day of April, 2009 O R D E R This petition is filed under Section 482 of the Cr.P.C. Petitioner is one among the accused (A1) in S.T.No.3291/2006 on the file of the Judicial First Class Magistrate Court, Wadakanchery. The accused in the above case, 98 in number, are prosecuted for the offences punishable under Sections 143, 147, 283 and 506 (i) read with Section 149 of the IPC on a charge laid by the Sub Inspector of Police, Cheruthuruthi Police Station. The accused in the above case, as members of an unlawful assembly, are stated to have obstructed the movement of two stage carriage buses, demanding the extension of service of those buses to their place also, on which the above crime was registered leading to their indictment for the offences stated above. Petitioner approached the Government with a petition for withdrawal of the case and until consideration of that petition, copy of which CRL.M.C.1387/09 2 is produced as Annexure C, the trial of the above case in the Magistrate Court be kept in abeyance, is the relief prayed for in the petition. 2. I heard the learned counsel for the petitioner and also the learned Public Prosecutor. The trial of the case now proceeded by the Magistrate is sought to be stayed by the petitioner (an accused) on the plea that an application moved by the accused before the Government for withdrawal of the case is pending. Annexure C, copy of that petition for withdrawal of the case, is seen submitted before the Government on 2.8.2008. Filing of such a petition for withdrawal of the case before the Government and that no order had been passed on the petition by the Government, is not at all a sufficient ground to stay the proceedings of the case. There is no merit in the petition, and it is dismissed. S.S.SATHEESACHANDRAN JUDGE prp CRL.M.C.1387/09 3 S.S.SATHEESACHANDRAN, J. -------------------------------------------------------- CRL.R.P.NO. OF 2006 () --------------------------------------------------------- O R D E R --------------------------------------------------------- 23rd March, 2009