IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 Crl.MC.No. 1913 of 2010() ------------------------- S.C.NO.170/2010 ON THE FILE OF THE ADDL.DISTRICT AND SESSIONS COURT, FAST TRACK-I, THRISSUR PETITIONER(S): ACCUSED 2 AND 8 -------------------------------------------------------- 1. SUDHEESH @ SUNEESH, S/O. PULIKKAL SURENDRAN, ERATTUPUZHA DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT. 2. MADHU, S/O. VADAKKOOT KUNHUMON, ERATTUPUZHA, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT(S): STATE ---------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ................................. Crl.M.C..No. 1913 of 2010 .................................... Dated: 03.06.2010 ORDER Petitioners, who are accused Nos.13 and 29 in Crime No.59 of 2000 of Chavakkad Police Station for offences punishable under Sections 143,147,148,109,452,427,324,326 and 307 read with 149 IPC and presently who are accused Nos.3 to 8 in S.C.No.170/2010 pending before the Addl.District and Sessions Court, Fast Track-I, Thrissur, seek to quash the said proceedings mainly on the ground that 32 other co-accused in the case have been acquitted after trial as revealed by Annexure A judgment in S.C.No.67/2002. 2.The petitioners have sought an alternative relief of disposal of the above case (S.C.No.170/2010) expeditiously, since the said case is being dragged on due to the non-appearance of some of the accused. 3. I am not inclined to quash the proceedings as against the petitioners in the light of the decision of the Full Bench in Moosa Vs.Sub Inspector of Police ( 2006(1) KLT 552) . The alternative prayer of the petitioner is quite reasonable. In case any of the other accused in S.C.No.170/2010 now pending before the Addl.District and Sessions Court, Fast Track-I, Thrissur, are Crl. M.C. No.1913 of 2010 2 absconding, then the sword of Democleus should not be kept hanging on the head of the petitioner herein. The trial court can split up the case as against the absconding accused and proceeded with S.C.No.170/2010 as against those accused persons who are present. This Crl.M.C is disposed of directing the court below to dispose of S.C.No.170/2010 as expeditiously as possible and at any rate within a period of 5 months from today. Dated this the 3rd day of June, 2010. V. RAMKUMAR, JUDGE sj