IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 CRL.MC.NO. 4839 OF 2010() ------------------------------------------ CC.1241/2007 OF ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... PETITIONER(S): ACCUSED --------------------------------------- FEBIN KURUVILA,S/O.ABRAHAM PHILIP, APPLE COURT APARTMENTS,NETTUR,ERNAKULAM. BY ADV. SRI.J.KRISHNAKUMAR RESPONDENT(S): COMPLAINANTS ---------------------------------------------------- 1. STATE OF KERALA,REP.BY THE SUB INSPECTOR OF POLICE, PANANGAD POLICE STATION, KOCHI CITY, REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. ASSISTANT COMMISSIONER OF POLICE, THRIKKAKARA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 3. SIVAN,MAROTICKAL,UDAYATTUMVATIL DESOM, KUMBALAM VILLAGE, KOCHI. BY PUBLIC PROSECUTOR SHRI K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.4839 of 2010 ==================================== Dated this the 21st day of February, 2011 O R D E R Petitioner is the third accused in Crime No.207 of 2006 of Panangad police station and C.C. No.1241 of 2007 of the court of learned Additional Chief Judicial Magistrate, Ernakulam for offences punishable under Sections 452 and 323 read with Section 34 of the Indian Penal Code. Petitioner seeks to quash proceeding against him on the ground that in Annexure-A4, statement dated 23.11.2006 the de facto complainant has exonerated petitioner of his involvement in the alleged incident. It is also stated that the case is being adjourned without trial. Learned counsel submitted that in the light of Annexure-A4, statement there could be no case against the petitioner. Learned Public Prosecutor submitted that petitioner has to face trial to ascertain whether petitioner has shared common intention along with other accused. 2. I have gone through Annexure-A4, statement allegedly given by the de facto complainant where it is stated that at the time of incident petitioner was standing on the road. Question whether petitioner had shared the common intention with the CRL.M.C. No.4839 of 2010 -: 2 :- other accused is a matter to be revealed in evidence. Merely because de facto complainant has given Annexure-A4, statement, proceeding against petitioner cannot be quashed. 3. Learned counsel submitted that petitioner has completed B.Sc. Nursing course and is awaiting employment abroad but pendency of the case detains him. Having regard to the facts and circumstances of the case learned Magistrate is directed to dispose of the case as early as possible giving it top priority in view of the difficulties expressed by the petitioner and taking note of the fact that the case is of the year 2007. Criminal Miscellaneous Case is disposed of as above. THOMAS P. JOSEPH, JUDGE. vsv