IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 Crl.MC.No. 222 of 2010() ------------------------ CC.535/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDRUG CRIME NO.78/08 OF CHEEMENI POLICE STATION .................... PETITIONER(S): ACCUSED NO.3: ---------------------------- DEVASSYA SKARIYA, S/O.SKARIYA, PATHILCHIRA HOUSE, THURAVE, CHEEMANI VILLAGE. BY ADV. SMT.T.SUDHAMANI RESPONDENT(S): STATE & DE-FACTO COMPLAINANT: -------------------------------------------- 1. THE PLANTATION CORPORATION OF KERALA LTD., REPRESENTED BY THE MANAGER CHEEMANI ESTATE, CHEEMENI POST, KASARGOD DISTRICT. 2. STATE OF KERALA BY SHO CHEEMANI POLICE STATION, KASARGOD DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR. S U NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.BHAVADASAN, J. ------------------------------------- Cr. MC No.222 of 2010 ------------------------------------- Dated 2nd February 2010 Order In this petition filed under S.482 of the Code of Criminal Procedure, the petitioner seeks to have the proceedings in CC No.535/09 on the file of the JFCM-I, Hosdurg, quashed. 2. The petitioner is the third accused in CC No.535/09 arising out of Crime No.78/08 of Cheemeni Police Station for having committed the offences punishable under Ss.379, 120B and 109 IPC. The crime was registered on the basis of a complaint filed by the 1st respondent. 3. It is unnecessary to go into the details of the case for the simple reason that this petition can be disposed of on a short point. 4. The first accused had moved this Court by filing Cr.MC No.2666/09 under S.482 Cr.P.C., seeking to CRMC 222 OF 2010 2 have the proceedings in CC No.535/09, quashed. This Court allowed the said petition by Annexure 2 order. Accused Nos.2 and 4 also approached this Court for the very same relief and they were also granted relief by Annexure III order. In the light of Annexures II and III order, there is no reason as to why this petition should not be allowed. The position of the petitioner herein is, in no way, different from those accused, who were able to get the proceedings in CC No.535/09, quashed. 5. In the result, this petition is allowed. All proceedings in CC No.535/09 before the JFCM-I, Hosdurg as far as the petitioner herein is concerned, are quashed and all further proceedings in the said CC shall stand dropped. P.BHAVADASAN, JUDGE sta CRMC 222 OF 2010 3 CRMC 222 OF 2010 4