IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932 Crl.MC.No. 4186 of 2010() ------------------------------------- (C.C.NO.663/10 OF CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD) ... (CR.NO.467/1994 OF KASARAGOD POLICE STATION) ........ PETITIONER(S): 5TH ACCUSED: ------------------------------------------------ RAJAN, S/O.KANNAN, MELPARAMBA, CHEMANAD VILLAGE, KASARAGOD. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): STATE/DEFACTO COMPLAINANT: ----------------------------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION - 671 121. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 3. CHANDRASEKHARAN, S/O.GANAPATHI ACHARI, MADHUR VILLAGE, KASARAGOD - 671 123. R1 & R2 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4186 OF 2010 --------------------------------------------- Dated 15th November, 2010 O R D E R Petitioner was the fifth accused in C.C.191/1998 on the file of Chief Judicial Magistrate's Court, Kasaragod. As he was absconding, the case against him was split up and re-filed as C.C.24/2001. The other seven accused were tried and by Annexure-I judgment, they were acquitted. On appearance of the petitioner, the case was renumbered as C.C.663/2010. 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, continuation of the proceedings against the petitioner is only an abuse of process of Crmc 4186/10 2 the Court, as there is no likelihood of a successful prosecution. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. As held by the Full Bench of this Court in Moosa v. Sub Inspector of Police (2006 (1) KLT 552) an absconding accused is not entitled to get the case against him quashed, based on the judgment acquitting the co-accused. Though Annexure-I judgment shows that out of the eight accused, seven were acquitted, in view of the Full Bench decision the case cannot be quashed. Petitioner is at liberty to raise all the contentions raised herein before the learned Magistrate including the contention that in view of the acquittal of the other members of the unlawful assembly, Crmc 4186/10 3 case against the petitioner will not lie and seek an order of discharge under Section 239 of Code of Criminal Procedure. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.