IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 10TH JUNE 2010 / 20TH JYAISTHA 1932 Crl.MC.No. 1267 of 2010() ------------------------- CRIME NO.29/2000 OF CHADAYAMANGALAM POLICE STATION- KOLLAM DISTRICT PETITIONER/ACCUSED: ---------------------- SHAJAHAN @ SHAJI, M.N.HOUSE, KURIYOTTUKUNNUMPURAM, KURIYOTTUMURI, CHADAYAMANGALAM, KOTTARAKARA, KOLLAM DISTRICT. BY ADV. SRI.PREMCHAND R.NAIR SRI.V.P.PRASANTH RESPONDENTS/STATE & DEFACTO COMPLAINANT ------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, CHADAYAMANGALAM CIRCLE, REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SHIVADASAN PILLAI, S/O.MADHAVAN PILLAI, NETTETHARA PLAVILA VEEDU, KURIYODU MURI, CHADAYAMANGALAM VILLAGE, KOTTARAKARA. PUBLIC PROSECUTOR: SRI C M NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.1267 of 2010 -------------------------------------- Dated this the 10th day of June, 2010 ORDER Petitioner who is the second accused in Crime No.29 of 2000 of Chadayamangalam Police Station (and who was absconding on account of which the case against him was split up and refiled as S.C.No.785/2009 on the file of Assistant Sessions Court, Kottarakkara for an offence punishable under Section 307 read with Section 34 I.P.C.) seeks to quash the final report and all further proceedings on the ground that the co-accused have been acquitted in S.C.No.349/2001 before the said court on 12/6/2009. 2. In the light of Moosa Vs. Sub Inspector of Police 2006 (1)KLT 552, it is not permissible for the petitioner to rely on the judgment of acquittal of the co-accused. The case against the petitioner has already been scheduled for trial. Hence the only course of action now available for the petitioner is to face the trial. Petitioner may take all the defences available to him during the trial of the case. Reserving the above right of the petitioner, this Criminal M.C. is dismissed. V.RAMKUMAR, JUDGE skj