IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 Crl.MC.No. 4779 of 2008() ------------------------- LPC.28/1997 of ADDL.CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY .................... PETITIONER(S): ACCUSED ---------------------- K.MUHAROOF, S/O.KADER,AGED 38 YEARS, KELOTH HOUSE, MENAPRAM, THALASSERY TALUK, CHOKLI P.O., KANNUR DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT(S): COMPLAINANT -------------------------- STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4779 of 2008 ------------------------------------- Dated this the 17th day of December, 2008 ORDER Petitioner faces indictment as the 12th accused in a prosecution for offences punishable, inter alia, under Section 435 r/w 149 I.P.C. Cognizance was taken on the basis of a final report submitted by the police in Crime No.238 of 1994 of Panur Police Station. The petitioner was arrayed as accused No.12. 2. During the pendency of the proceedings, the Public Prosecutor filed an application for withdrawal of the case under Section 321 Cr.P.C. The said request was allowed. All the other accused were discharged accepting the plea of withdrawal. But as the petitioner had not entered appearance before the Sessions Court and the case against him had not been committed, the learned Sessions Judge did not extend the benefit of withdrawal to the petitioner herein. 3. The case against the petitioner was split up. It is pending before the Additional Chief Judicial Magistrate, Thalassery. The case has been transferred to the list of Long Pending Cases. Crl.M.C. No.4779 of 2008 2 4. At this juncture, the petitioner has come to this Court with the plea that the extraordinary inherent jurisdiction under Section 482 Cr.P.C may be invoked to quash the proceedings against him. He contends that it is wholly unjust and unreasonable to deny the benefit of withdrawal to the petitioner herein. It was the case arising from the final report in Crime No.238 of 1994 of Panur Police Station which was sought to be withdrawn and not merely the case against the accused who had already entered appearance. 5. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor after taking instructions accepts that the real intention was to extend the benefit of withdrawal to all the accused against whom the final report has been submitted in Crime No.238 of 1994 of Panur Police Station. In these circumstances, the State has no objection against the invocation of the extraordinary inherent jurisdiction under Section 482 Cr.P.C in favour of the petitioner herein to bring to premature termination such prosecution against the petitioner herein. 6. I find the prayer of the petitioner to be absolutely reasonable and legitimate. In the nature of the stand taken by the learned Public Prosecutor, it is not necessary for me to Crl.M.C. No.4779 of 2008 3 advert to facts in greater detail. The mere fact that the petitioner had not entered appearance when the application for withdrawal was taken up for consideration before the Sessions Court, is according to me, too unsatisfactory reason not to extend the benefit of such withdrawal to the petitioner herein. 7. In the result: a) This Crl.M.C is allowed; b) L.P.C.No.28 of 1997 pending before the A.C.J.M, Thalassery (which arose from the final report in Crime No.238 of 1994 of Panur Police Station in which the petitioner is arrayed as the 12th accused) is hereby quashed; c) The learned Magistrate shall take necessary steps to ensure that the relevant entries are made in the registers to evidence the quashing of the proceedings against the petitioner; d) Needless to say, proceedings, if any, pending against the petitioner and his sureties under Section 446 Cr.P.C, shall be disposed of in accordance with law. 8. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/- Crl.M.C. No.4779 of 2008 4 (R.BASANT, JUDGE) rtr/-