IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 Crl.MC.No. 1941 of 2009 ---------------------------------- CP.NO.66/2006 OF JUDL.MAGISTRATE OF FIRST CLASS-II, KOTTARAKKARA .................... PETITIONER/ FIRST ACCUSED: -------------------------------------------- P.K.ANZARI, S/O.PEERUKANNU RAWTHER, AGED 38 YEARS, RESIDING AT VALIYAVILA MELATHIL, VELINELLOOR, KOLLAM. BY ADVS. MR.P.B.SURESH KUMAR, MR.K.P.SUJESH KUMAR. RESPONDENT/STATE: -------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/06/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 1941 of 2009 ================== Dated this the 16th day of June, 2009. O R D E R Petitioner, the first accused in Crime No.128/2004 of Pooyappally Police Station, did not appear before the committal court along with two other accused. The Magistrate as per order in C.P.No.155/2005 committed the case to the Sessions Court as against the accused 3 and 4. The Sessions Judge tried them and under Annexure A2 judgment acquitted them. The case as against petitioner was pending as C.P.No.66/2006, when this petition was filed under Section 482 of Code of Criminal Procedure to quash Annexure A1 final report as well as the case pending in the long pending register or in the alternative to direct the Magistrate to expedite the committal proceedings. 2. Learned Counsel appearing for the petitioner submitted that subsequently petitioner was arrested and produced before the Magistrate and he is remanded to Sub Jail. Crl.M.C.No.1941/2009 -2- 3. Learned Counsel appearing for petitioner submitted that even if the case as against the petitioner cannot be quashed, considering the order of acquittal in Annexure A2 judgment there can be a direction to expedite the committal proceedings. 4. The fact that the co-accused were acquitted based on the evidence let in against them in S.C.No.751/2006, is not a ground to quash the proceedings against the petitioner. The question whether there is evidence against the petitioner can be decided only after trial. But when the case as against accused 3 and 4 were already committed and they were acquitted after trial, there is no necessity to delay the committal proceedings. 5. This petition is disposed directing Judicial First Class Magistrate Court-II, Kottarakkara to commit the case as against the petitioner in C.P.No.66/2006 immediately without delay. M.SASIDHARAN NAMBIAR JUDGE dkr