IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 17TH FEBRUARY 2011 / 28TH MAGHA 1932 CRL.MC.NO. 498 OF 2011() -------------------------------------- CC.477/2010 OF JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR .................... PETITIONER(S): IST ACCUSED --------------------------------------------- VENUS, S/O.KOCHAPPI, ULLATHIKKULAM, PUTHUR P.O., IRINJALAKUDA, THRISSUR DISTRICT. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT(S): COMPLAINANT --------------------------------------------------- 1. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THE FOREST RANGE OFFICER, NELLIYAMPATHI, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SHRI SABU SREEDHARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No. 498 of 2011 ==================================== Dated this the 17th day of February, 2011 O R D E R Petitioner is accused in C.C. No.477 of 2010 of the court of learned Judicial First Class Magistrate, Alathur and O.R. No.1 of 2004 of the Nelliyampathi Range. Petitioner seeks to quash proceeding against him on the ground that no offence as alleged is made out and that accused 2 to 4 who faced trial are already acquitted for want of evidence. Case against petitioner was refiled as C.C. No.477 of 2010. It is alleged that no offence as alleged is made out against petitioner. But I must bear in mind that accused 2 to 4 faced trial and of course were acquitted for want of evidence. That is no ground to quash proceedings against petitioner. Petitioner was not available for trial along with accused 2 to 4. Final report was filed on 15.07.2007 and this petition is filed only after about three and half years after accused 2 to 4 were acquitted. I do not find reason to interfere at this belated stage. Petitioner can take up appropriate defence as are available to him before the learned Magistrate. However, I direct that NBW if issued against petitioner shall stand in abeyance for a period of three weeks from this day or till petitioner appears before CRL.M.C. No.498 of 2011 -: 2 :- the learned Magistrate whichever is earlier. If any application for bail is filed learned Magistrate shall consider the same and pass appropriate orders. Criminal Miscellaneous Case is disposed of with the above direction. THOMAS P. JOSEPH, JUDGE. vsv CRL.M.C. No.498 of 2011 -: 3 :-