IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 Crl.MC.No. 2470 of 2006() ------------------------- CC.276/2006 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II, PEERUMEDU .................... PETITIONER(S): ACCUSED ----------------------- GEORGE JOSEPH, S/O. JOSEPH, EZHAPERUR VEEDU, KUMMANOOR KARA, KIDANGOOR. BY ADV. SRI.TITUS MANI SRI.S.SURAJ (PALATHANATHU) RESPONDENT(S): COMPLAINANT --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.K.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------- Crl.M.C.No.2470 of 2006 ----------------------------------- Dated this the 15th day of February, 2010 ORDER This petition is filed by petitioner to quash the proceedings initiated against him in C.C.226/2006 by the Judicial First Class Magistrate Court-II, Peerumedu. 2. The petitioner is the first accused and he was charge sheeted for the offence under Section 379 read with 34 IPC along with four others. The allegation is that the petitioner along with other accused committed theft of a jeep in furtherance of common intention which was parked in the compound of Periyar hospital on 26.7.1998 in the midnight at 2 a.m. 3. The petitioner was absconding and hence the case was split up and court proceeded against Accused Nos.2 and 3. They were acquitted as per Annexure-II judgment. As per Annexure II prosecution failed to prove the complicity of accused in the offence. According to petitioner, there is no evidence against him regarding his involvement in the offence. Therefore, no purpose will be served by proceeding against him, it is submitted. 2 4. On going through the documents available, it is clear that petitioner is requesting for quashing the charge sheet filed against him only on the ground that co-accused are acquitted. It is well-settled as per the judgment in Moosa vs. Sub Inspector of Police (2006(1) KLT 552(F.B) that the mere fact that the co- accused is acquitted is no ground to quash the proceedings against another accused in the same case. Further, this is a case where petitioner's presence could not be procured and the case against him was split up as he was absconding. The alleged offence took place in the year 1998 and 12 years have lapsed since the date of occurrence. In the light of the dictum laid down in the decision cited above, I find that it is not proper to quash the charge sheet against petitioner. I do not find any reason to quash the proceedings initiated against petitioner. Petition is dismissed as above. K.Hema, Judge cms