IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 Crl.MC.No. 593 of 2009() ------------------------ CC.927/2001 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR .................... PETITIONER(S): --------------- ASSI @ ABDUL AZEEZ, S/O. VEERAN, THEKKOTTAN VEEDU, PAYYANGODE, KAIRADI BY ADV. SRI.P.C.SASIDHARAN RESPONDENT(S): --------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI. SALIM P.A. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl. M.C. NO. 593 of 2009 * * * * * * * * * * * * * * * * * * Dated: 9th February, 2009 ORDER Petitioner who is the 4th accused in Crime No. 27 of 2001 of Nenmara Police Station for offences punishable under Sections 143, 147, 148 and 427 read with Sec 149 I.P.C. Seeks to quash the proceedings initiated against him as C.C. No. 27 of 2004 before the J.F.C.M. Alathur. The main ground on which proceedings are sought to be quashed is that the 15 co-accused in the case registered as C.C. 927 of 2001 were acquitted by the learned Magistrate as per judgment dated 6-01-2004. The petitioner who did not face trial in the said case cannot seek the proceedings against him to be quashed in a petition under Sec. 482 Cr.P.C. he will have to surrender before the Magistrate and plead for a discharge if the same is permissible on the basis of the judgment of acquittal in the case of the co-accused. This petition is accordingly dismissed without prejudice to the petitioner to plead for a discharge before the learned Magistrate. Dated this the 9th day of February, 2009. V. RAMKUMAR, (JUDGE) ani.