IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 Crl.MC.No. 4461 of 2010() ------------------------------------- CC.616/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR CRIME NO.258/2004 OF EAST POLICE STATION, THRISSUR. .................... PETITIONER/ACCUSED ---------------------------------- RAMESAN, S/O. KUVAKKATTIL APPU, LOKAMALESWARAM DESOM, KODUNGALLUR. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN, SRI.K.S.RAJESH. RESPONDENTS/COMPLAINANT & STATE ------------------------------------------------------------ 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING S.I. OF POLICE, EAST POLICE STATION, THRISSUR. 2. ECO MARK GENERAL FINANCE AND LEASING LTD., HEAD OFFICE, THATTIL J ANTONY MEMORIAL BUILDING, ROUND SOUTH, THRISSUR, REP. BY ITS MANAGING DIRECTOR, T.V.JAYAKUMAR, S/O. THAYYIL VELAYUDHAN, NEDUPUZHA VILLAGE DESOM, THRISSUR TALUK. R1 BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4461 of 2010 -------------------------- ORDER Petitioner was the third accused in C.C.No. 735/2004 on the file of Judicial First Class Magistrate's Court-I, Thrissur. As he was absconding, case against him was split up and refiled as C.C.No.616/2010 and the remaining two accused were tried by the learned Magistrate. By Annexure-C judgment, those accused were acquitted. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that in view of the order of acquittal against the co-accused and for want of materials against the petitioner, the case is to be quashed. 2. On hearing the learned counsel, I cannot agree with the submission that based on Annexure-C judgment, whereunder, the co-accused were acquitted, the case against an absconding accused is to be quashed. Though learned counsel appearing CRMC 4461/10 2 for the petitioner submitted that there are no materials produced along with the final report, including the statements of the witnesses against the petitioner and as continuation of the proceedings will serve no purpose, it is not in the interest of justice to continue the proceedings. It is not for this Court to analyse the materials and find out whether there is material against the petitioner or not. Petitioner is at liberty to raise all the contentions raised herein before the Magistrate and if charge is not framed, seek an order of discharge under Section 239 of Code of Criminal Procedure. Petition is disposed. 2nd December, 2010 (M.Sasidharan Nambiar, Judge) tkv