IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 Crl.MC.No. 2517 of 2008() ------------------------- SC 792/2007 OF SESSIONS COURT, KOZHIKODE PETITIONER: ------------ 1. RAHEES, AGED 27 YEARS, S/O.AHAMEDKUTTY, KANDAMKULATHIL VEEDU, PARUTHIPARA, RAMANATTUKARA, KOZHIKODE DISTRICT. 2. ABDUL SALAM, AGED 27 YEARS, S/O.MUHAMMED, MALAYIL KOTTAYIL VEEDU, IDIMOOZHIKKAL, CHALIYIL PARAMBA, CHELEMBRA, MALAPPURAM. 3. N.P.RIYAS, AGED 30 YEARS, S/O.MUHAMAD, NADAMMAL PUTHIYATH MALAYIL KOTTAYIL VEEDU, IDIMOOZHIKKAL, CHALIYIL PARAMBA, CHELAMBRA, MALAPPURAM. BY ADV. SRI.MANJERI SUNDERRAJ RESPONDENTS: ------------- STATE OF KERALA, REP. BY STATION HOUSE OFFICER, PANNIYANKARA POLICE (COMPLAINANT) REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2517 of 2008 ---------------------------------------- Dated this the 4th day of August 2008 O R D E R The petitioners are accused 5,4 and 11 respectively in crime No.50/99 registered at the Panniyankara police station in Kozhikode district alleging offences punishable under Section 153A I.P.C. Altogether 11 accused persons were arrayed as accused. Investigation was completed. Final report was filed. C.P.No.30/03 was registered before the J.F.M.C -III, Kozhikode. The case was committed and was pending before the Sessions Court. 2. While the case was pending before the Sessions Court, the Government decided to withdraw the case and by Annexure 2 order the learned Public Prosecutor was informed that the Government has no objection against withdrawal of the case with leave of the court. Annexure 2 order suggests that the Government has decided to withdraw crime No.50/99 and the proceedings arose from the said crime. Case against the co- accused was withdrawn. 3. The petitioners were not available before court at that stage and in these circumstances the case was withdrawn only in so far as the accused who had appeared before the court is Crl.M.C.No.2517/08 2 concerned. The case against the petitioners is continuing as S.C.No.792/2007, it is submitted. 4. The petitioners have now come before this court with a prayer that powers under Section 482 Cr.P.C may be invoked to quash the surviving prosecution in S.C.No.792/2007 (crime No.50/99 of Panniyankara police station). 5. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor submits that the State has no objection against the quashing of proceedings against the petitioners before the Sessions Court. 6. In the light of the submissions of the learned Public Prosecutor and in the light of the fact that the case against all the co-accused has already been withdrawn and I am satisfied that S.C.No.792/2007 in so far as it relates to the petitioners herein is concerned (which case arises from crime No.50/99 of Panniyankara police station) can now be quashed as agreed. 7. This petition is accordingly allowed. S.C.No.792/2007 surviving against the petitioners herein is hereby quashed. (R.BASANT, JUDGE) jsr Crl.M.C.No.2517/08 3 Crl.M.C.No.2517/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008