IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 Crl.MC.No. 687 of 2011() ----------------------------- SC.1001/2010 of II ADDL. ASSISTANT SESSIONS COURT, THRISSUR .................... PETITIONER(S): ACCUSED ------------------------------- SHAJI,S/O.KALATHIL GANGADHARAN,KALATHILHOUSE, THIRUVATHRA.P.O,CHAVAKKAD.(ORIGINAL NAME GANESHAN,S/O.GANGADHARAN),KALATHIL HOUSE, THIRUVATHIRA.P.O,CHAVAKKAD. BY ADVS. SRI.N.J.JOHNSON SRI.T.K.ASOKAN RESPONDENT(S): --------------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.J.MOHEMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.687 of 2011 --------------------------------------- Dated this 14th day of March, 2011 ORDER Petitioner is 7th accused in Crime No.75 of 1992 of Chavakkad Police Station for offences punishable under Secs.143, 147, 148, 332, 353, 435 and 436 r/w Sec.149 of the Indian Penal Code and Secs.3(1) of the P.D.P.P Act. Prosecution case is that on 11.03.1992 at about 5.45p.m the accused including petitioner carrying stones, sword, stones, petrol, soda bottle etc, attacked police party, pelted stones at CW2, a police constable on duty, set fire to the police jeep and the nearby hotel. Petitioner since was abroad, could not take part in the trial of the case. By Annexure-B, judgment all the remaining accused were acquitted giving them benefit of doubt. This proceeding is to quash the case pending in the Court of learned Additional Assistant Sessions Judge, Thrissur (S.C.No.1001 of 2010) against petitioner. 2. Though various contentions are raised in the petition to quash proceeding against petitioner, at the time of hearing learned counsel requested that petitioner may be permitted to raise his plea/defence before the learned Additional Assistant Crl.M.C.No.687 of 2011 -: 2 :- Sessions Judge. It is also submitted by learned counsel that since petitioner is employed abroad, he has to return to his work place and rejoin duty before 13.07.2011. I have heard learned Public Prosecutor also. Having regard to the circumstances stated I am inclined to allow the request. Resultantly this criminal miscellaneous case is dismissed as withdrawn without prejudice to the right of petitioner to raise appropriate plea/defence in the trial court. In case learned Additional Assistant Sessions Judge proceeds to conduct trial of the case, it is directed that the trial shall be completed before 13.07.2011. (THOMAS P JOSEPH, JUDGE) Sbna/- /True Copy/ P.A to Judge