IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 2ND SEPTEMBER 2010 / 11TH BHADRA 1932 Crl.MC.No. 3276 of 2010() ----------------------------------- CC.434/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT- III, TRIVANDRUM ......................................................................................................................................... PETITIONER: ---------------------- RASHEED, S/O.MUHAMMED IBRAHIM, TC.43/788-2, SAFIRE MANZIL, KAMALESWARAM, THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENTS: STATE: ------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, CANTONMENT POLICE STATION, THIRUVANANTHAPURAM. R1 & R2 BY PUBLIC PROSECUTOR SMT. M.K. PUZHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3276 of 2010 -------------------------- ORDER This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A proclamation issued by Judicial First Class Magistrate-III, Thiruvananthapuram in C.C.No. 435/2005, affixed on his shop, allegedly showing him as the 45th accused. Apprehension is that he will be proceeded against. 2. A report was called for from Judicial First Class Magistrate-III, Thiruvananthapuram. The report submitted by the Magistrate shows that 45th accused is not the petitioner, but Basheer. Learned Magistrate has also reported that since the address of Basheer is shown as Saji Foot Wear, Palayam, Thiruvananthapuram, it was affixed on the shop of the petitioner as steps have been taken under Sections 82 and 83 of Code of Criminal Procedure in that address. Learned Magistrate has also reported CRMC 3276/10 2 that he has not directed petitioner to appear before the court as he is not an accused in the case. In such circumstances, recording that fact, finding that there is no reasonable basis for the apprehension, this petition is disposed. 2nd September, 2010 (M.Sasidharan Nambiar, Judge) tkv