IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 Crl.MC.No. 3284 of 2005 --------------------------------------- CC.621/1996 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER/3RD ACCUSED: SHAJAHAN, S/O.ABOOBACKER, VADAKKETHALACKAL HOUSE, ALUVA, ERNAKULAM. BY ADV. SRI.P.N.SUKUMARAN RESPONDENTS/STATE & COMPLAINANT: 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, ALUVA POLICE STATION. PUBLIC PROSECUTOR SRI.MOHAMMED PUZHAKARA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 29/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P. Balachandran, J. ----------------------- Crl.M.C.No.3284 of 2005 ----------------------- ORDER This Crl.M.C. is filed under Section 482 of the Cr.P.C. for quashing the proceedings as against the petitioner. Petitioner is the third accused in C.C. No.621/96 on the file of the Judicial First Class Magistrate's Court-I, Aluva, registered for offences under Sections 143, 147, 448 and 323 IPC read with Section 149 thereof. 2. The case of the petitioner is that during trial of the case, he was not available, as he had gone abroad on job and that PWs 1 to 3 turned hostile and the offence was not proved. The learned Magistrate acquitted all the accused, re- filing the case as against the petitioner as C.C. No.1176/99. The case so re-filed has been transferred to the register of long pending cases and is numbered as L.P.No.34/03. Petitioner wants to have the said proceedings quashed. The fact that several of the accused, who faced trial, had CRMC 3284/05 2 been acquitted after trial is not a ground to acquit the absconding accused, who rendered himself not available for trial of the case as against him. In view of a Full Bench decision of this Court in Moosa v. Sub Inspector of Police (2006 (1) KLT 552), this Crl.M.C. is not maintainable and is dismissed. 29th October, 2008 (K.P.Balachandran, Judge) tkv