IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 Crl.MC.No. 3850 of 2011() ------------------------- SC.247/2010 of SESSIONS COURT, THRISSUR .................... PETITIONER(S): 4TH ACCUSED --------------------------------------------- AKBERSHA, S/O.PALLATHVEETTIL KUNHIMOIDU, ANCHANGADY KARAYIL, CHAVAKKAD TALUK,THRISSUR DISTRICT. BY ADV. SRI.C.ANILKUMAR (KALLESSERIL) SRI.C.Y.VINOD KUMAR RESPONDENT: COMPLAINANT ------------------------------------------------ STATE OF KERALA,(REP.BY THE DETECTIVE INSPECTOR,CBCID,(CFS),ERNAKULAM),REPRESENTED BY THE STATE PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT JASMINE THIS CRIMINAL MISC. CASE HAVING COMEUP FOR ADMISSION ON 14/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SKV APPENDIX PETITIONER'S EXHIBITS : ANNEXURE A: TRUE COY OF THE CHARGE SHEET IN CR.127/1997 OF CHAVAKKAD POLICE STATION. ANNEXURE B: CERTIFIED COPY OF THE COURT CHARGE IN SC NO.496/2002 ON THE FILE OF THE HONOURABLE SESSIONS COURT, THRISSUR. ANNEXURE C: TRUE COPY OF THE JUDGMENT DATED 30/1/2010 IN SC NO.496/2002 ON THE FILE OF THE HONOURABLE SESSIONS COURT, THRISSUR. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE SKV N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3850 of 2011 ---------------------------------------------------- Dated this the 14th day of December, 2011 Order The petitioner is the 4th accused in Sessions case No.247/2010 of Sessions Court, Thrissur. This petitioner and the other accused stood charged for offence punishable under Section 489 B and 489C r/w 34 IPC. The allegation is that this petitioner and other accused were found to be trafficking in or he used as genuine counterfeit currency notes knowing or having reason to believe the same to be counterfeit currency notes. It is stated that on getting information, the Sub Inspector of Chavakkad police station had conducted search in the house of the 3rd accused from where the counterfeit currency notes of denomination of 100 were seized as per the mahazar. Some of the accused sped away from the scene when the police reached there. The allegation is that this petitioner along with 9 other Crl.M.C.No.3850 of 2011 -: 2 :- accused were trafficking currency notes. It is seen that this petitioner who was the 4th accused was arrested on 07.06.97. But the matter was pending before the learned Magistrate in committal proceedings. He did not appear. He was reported to be absconding. For the last 10 years he was absconding. 2. The case against the other accused were tried before the Sessions Court, Thrissur. Those accused were acquitted by that court. 3. The learned counsel for the petitioner contends that the charge against the petitioner has to be, on that ground, quashed. It is strongly resisted by the learned Public Prosecutor. It is contended that, unlike other cases, it is a case where the charge against the petitioner is under Section 489B and 489C. The case involving trafficking currency notes has to be viewed seriously. It is further submitted that the fact that the learned Magistrate who tried the case against the other accused found no Crl.M.C.No.3850 of 2011 -: 3 :- satisfactory evidence to convict those accused is no reason to say that the case against this petitioner should be quashed. In this connection, the learned Public Prosecutor relies upon the Full Bench decision in Moosa vs. Sub Inspector of Police 2006(1) KLT 552. The learned Public Prosecutor submits that it is not a case where the entire substratum of the prosecution is shattered so as to contend that nothing can be built upon it. The case against this accused was not dealt with in the judgment passed by the trial court in SC.496/02. Hence this petition to quash the proceedings in SC. No.247/2010 of Sessions Court, Thrissur is dismissed. N.K. BALAKRISHAN, JUDGE smvd. Crl.M.C.No.3850 of 2011 -: 4 :-