IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 Crl.MC.No. 3907 of 2005() ------------------------------------- CRIME NO.204/2001 OF NADAPURAM POLICE STATION. .................... PETITIONER/8TH ACCUSED ---------------------------------------- PEEDIKAMEETHAL ASLAM, S/O.KUNJAMMED, NADUVILAKANDI MEETHAL, THERUVAMPARAMBU, VISHUMANGALAM POST, KALLACHI, KOZHIKODE DISTRICT. BY ADV. MR.C.R.SIVAKUMAR RESPONDENT/COMPLAINANT --------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, NADAPURAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.K.S. SIVAKUMAR. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 25/02/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3907 of 2009 -------------------------- ORDER Crime No.204/2001 of Nadapuram Police Station was registered against ten accused for the offences under Sections 450, 436, 395, 323 and 506(ii) read with Section 34 of Indian Penal Code and Sections 3 and 5 of Explosives Substance Act on the final report submitted after investigation. The case as against six accused were committed to the Sessions Court and were tried by Additional Sessions Judge, Vadakara in S.C.No. 9/2003. The case as against the remaining four accused was split up. When S.C.No.9/2003 was pending, by Annexure-2 order, Government decided to withdraw several cases registered in connection with Nadapuram incident. The decision was not to withdraw any case against some of the accused, but, against all the accused. Annexure-3 judgment of S.C.No.9/2003 shows that Crl.M.P.No. 239/2005 was filed by Additional Public Prosecutor to withdraw the prosecution against all the ten accused. Learned Additional Sessions Judge allowed the petition. CRMC 3907/05 2 But, while disposing the case under Annexure-3 judgment, it was found that the case as against four accused was not committed and the number of the case against the absconding accused, pending before the committal court, is not available. It is, therefore, seen recorded by the learned Additional Sessions Judge that when the split up case comes up before the Court, Additional Public Prosecutor can file a separate petition for withdrawal of the prosecution and then the case could be withdrawn. This petition is filed by the eighth accused, who is one among the four accused, whose case was not committed and pending before Judicial First Class Magistrate's Court, Nadapuram, to quash the charge against him contending that the case as against the other accused was already withdrawn and therefore, the case is to be quashed. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. As stated earlier, Annexure-2 Government Order does not show that the decision was to withdraw the case against some of the accused alone and instead, it was to withdraw certain crimes. Where there is a number CRMC 3907/05 3 for the case, the numbers were shown. Annexure-3 judgment also shows that prosecution filed a petition under Section 321 of Code of Criminal Procedure before Sessions Court to withdraw the case against all the accused and it was allowed. The case as against the other absconding accused was not withdrawn, as the case against them was not committed. But, liberty was granted to move a petition for withdrawal as and when the case against them is committed. In the light of these developments, it is not in the interest of justice to continue the prosecution pending before Judicial First Class Magistrate's Court, Nadapuram as L.P.No.73/2003, as, ultimately, it is to be withdrawn. Petition is, therefore, allowed. L.P.No.73/2003 on the file of Judicial First Class Magistrate's Court, Nadapuram is quashed. It is made clear that the case against all the absconding accused in Crime No.204/2001 of Nadapuram Police Station is quashed. 25th February, 2010 (M.Sasidharan Nambiar, Judge) tkv