IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 31ST AUGUST 2010 / 9TH BHADRA 1932 Crl.MC.No. 923 of 2010() ------------------------ SC.418/2007 (SC. 435/99) of ADDL.ASSISTANT SESSIONS COURT, THALASSERY .................... PETITIONER(S): ACCUSED ---------------------- M.RAJESH @ APPU, S/O.RAMAKRISHNAN MARAR, AGED 37 YEARS, RAJAREKHA, PALLIKUNNU, KANNUR-4. BY ADV. SRI.V.RAMKUMAR NAMBIAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: (M.N) M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.923 of 2010 -------------------------- ORDER Petitioner, the fourth accused in S.C.No. 435/1999 on the file of Additional Assistant Sessions Court, Thalassery, filed this petition under Section 482 of Code of Criminal Procedure to quash the case as against him, which was split up and re-filed as S.C.No.418/2007. The case of the petitioner is that out of the eight accused, who were tried by the learned Additional Assistant Sessions Judge, seven accused were acquitted by Annexure-A2 judgment and in view of the order of acquittal as against the co-accused, even if petitioner is to be tried, there is no likelihood of a conviction and therefore, it is not in the interest of justice to continue with the prosecution. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. CRMC 923/10 2 3. Though by Anneuxre-A2 judgment the remaining accused were acquitted, as held by the Full Bench of this Court in Moosa v. Sub Inspector of Police (2006 (1) KLT 552), based on Annexure-A2 judgment, the case pending against the absconding accused cannot be quashed. Those accused were acquitted as the prosecution witnesses did not identify them as the persons involved in the offence and that need not necessarily be the case if petitioner is tried. Hence, the case cannot be quashed as sought for. Petition is dismissed. 31st August, 2010 (M.Sasidharan Nambiar, Judge) tkv