IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 Crl.MC.No. 2530 of 2008() ------------------------- SC.479/2007 of ADDL.ASSISTANT SESSIONS COURT, THALASSERY .................... PETITIONERS: ------------ 1. K.RAFI, S/O MEMI, KETHADATH HOUSE, IRIKKUR, KANNUR DISTRICT. 2. C.C. RAFEEQUE, S/O UMMER, CHEKKUNAKETH HOUSE, IRRIKKUR,KANNUR DISTRICT. BY ADV. SRI.C.K.SREEJITH RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.H.O. IRIKKUR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 22/07/2008, A/W. CRMC 2532 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.Nos. 2530 & 2532 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of July, 2008 O R D E R The petitioners are the accused in a crime registered alleging offences punishable, inter alia, under Section 307 r/w. 149 I.P.C. and Section 3 of the PDPP Act. Final report has already been filed. Cognizance has been taken. The petitioners have not entered appearance earlier before the Committal court. Subsequently they have entered appearance. The cases against them have been committed and the same are pending as S.C.Nos. 478 and 479 of 2007 before the Additional Asst. Sessions Court, Tellicherry. 2. The petitioners have come to this Court with a grievance that the cases against them alone are continuing, whereas the case against the other co-accused in Crime No.134 of 2001 of Irikkur Police station has already been withdrawn under Section 321 Cr.P.C. They pray that the cases against them may be quashed invoking the jurisdiction under Section 482 Cr.P.C. as it is CRMC 2 evident that the State does not want to prosecute the cases against them. 3. Notice was given to the learned Prosecutor. The learned Prosecutor, after taking instructions, submits that the State has no objection against quashing of proceedings against the petitioners, who are also accused in Crime No. 134 of 2001 and the cases against them are now pending as S.C. 478 and 479 of 2007. 4. In the light of the stand taken by the learned Prosecutor, I am satisfied that these petitions can be allowed. 5. These Crl.M.Cs. are allowed. S.C. Nos. 478 and 479 of 2007 pending before the Additional Asst. Sessions Court, Tellicherry against the petitioners is hereby quashed. (R. BASANT) Judge tm