IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 Crl.MC.No. 2138 of 2009() ------------------------- AGAINST THE ORDER IN CC 423/07 IN CC.840/2004 of JUDICIAL FIRST CLASS MAGISTRATE COURT II, PEERUMEDU. .................... PETITIONER(S): 5TH ACCUSED: ------------------------------------------------- BIJU, S/O.KANI RAWTHER, PUTHUPARAMBIL HOUSE, KOOTTIKAL KARA, KOOTTIKAL VILLAGE. BY ADVS. MR.T.A.UNNIKRISHNAN, MR.P.P.BIJU. RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. JIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2138 of 2009 -------------------------- ORDER Petitioner is the fifth accused in C.C.No. 840/2004, now pending as C.C.No.423/2007 on the file of Judicial First Class Magistrate's Court-II, Peerumedu. Accused Nos.1, 2, 4 and 6 were tried and the case as against Accused Nos.5 and 7, who were then absconding, was split up and re-filed by the learned Magistrate-II, Peerumedu. The case as against seventh accused was quashed by this Court as per Annexure-I order in Crl.M.C.No.1748/2009 on 17.6.2009. This petition is filed by petitioner/ fifth accused to quash the proceedings contending that in view of quashing of the case as against seventh accused, the case as against the petitioner is also to be quashed, as the same facts and circumstances apply. 2. Accused 1, 2, 4 and 6 were already acquitted after trial. Case against the absconding Accused CRMC 2138/09 2 No.7 was also quashed. Petitioner is in the same footing of seventh accused. In view of Annexure-I order quashing the case as against the seventh accused, petitioner/fifth accused is also entitled to get the case as against him quashed. Petition is allowed. C.C.No.423/2007 on the file of Judicial First Class Magistrate's Court-II, Peerumedu as against the petitioner/fifth accused is quashed. 2nd July, 2009 (M.Sasidharan Nambiar, Judge) tkv