IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 Crl.MC.No. 4614 of 2010() ---------------------- CRIME NO. 264/2009 OF PULIKEEZHU POLICE STATION ................... PETITIONER / 2ND ACCUSED: ------------------------------------------- SAJI GEORGE, SAINASSERIPURAYIL, KARIKUZHI (PO), NEERATTUPURAM. BY ADV. SRI..M.V.S..NAMBOOTHIRY RESPONDENT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. REJANI, W/O.SUNIL KUMAR, AMBADIYIL HOUSE, SWAMIPALAM, KARACKAL MURI, PERINGARA VILLAGE, THIRUVALLA TALUK. R1 BY PUBLIC PROSECUTOR SMT. JASMIN V.H. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 4614 of 2010() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE A-1 : CERTIFIED COPY OF THE F.I.R. ANNEXURE A-2 : CERTIFIED COPY OF THE FINAL REPORT. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.A. TO JUDGE Mn N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.4614 of 2010 ----------------------------------- Dated this the 13th day of December 2011 O R D E R Petitioner is the 2nd accused in Crime No.264/2009 of Pulikeezh Police Station. After conducting investigation, final report was filed against this petitioner and the first accused under Secs.365 and 366 r/w 34 IPC. The allegation is that while CW1 (de facto complainant) was proceeding in an autorickshaw to her husband's house, without her consent and knowledge and with the common intention, CW1 was taken in that autorickshaw driven by the first accused to a lodge with a view to compel her or to seduce her to sexual intercourse. 2. Learned counsel for the petitioner submits that as against the 2nd accused, there is absolutely no material and so proceeding against him has to be quashed. The case is of the year 2009. It seems that the petitioner has not Crl.M.C. No.4614 of 2010 -: 2 :- surrendered before the court so far. I find no reason to quash the proceedings. Since this petitioner has not appeared before the court so far and charge has not been framed, the petitioner can raise all these contentions before the court below. It is for him to apprise the learned Magistrate as to the reason for his non-appearance also. This Crl.M.C. is disposed of as stated above. N.K.BALAKRISHNAN, JUDGE. Jvt