IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 10TH JUNE 2010 / 20TH JYAISTHA 1932 Crl.MC.No. 1920 of 2010() ------------------------- CP.4/2010 of CHIEF JUDICIAL MAGISTRATE, KALPETTA .................... PETITIONER(S): 3RD ACCUSED -------------------------- T.J.ABRAHAM, THENKADIYIL HOUSE, THARIYODE, MANJOORA.P.O. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. SUB INSPECTOR OF POLICE, SULTHAN BATHERY. 2. STATE, RP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.1920 of 2010 -------------------------------------- Dated this the 10th day of June, 2010 ORDER In this petition, filed under Section 482 Cr.P.C, the petitioner who is the third accused in Crime No.135/2008 of Vaithiri Police Station for offences punishable under Sections 286 and 304 read with 34 IPC and Section 3 of the Explosive Substances Act 1908, and now pending before the C.J.M Court, Kalpetta as C.P.No.4/2010, seeks to quash final report and the subsequent proceedings as against him. 2. Even in the final report, the specific allegation is that, on 22.8.2008 at about 5 p.m on account of blasting of rocks by the second accused in the quarry belonging to A1, one Chacko and the second accused sustained fatal injuries. There is a further statement that, A3 has blasted rock without any license or any authority on several occasions. The prosecution has no case that, either on 22.8.2008 or on any specified day, A3 had unlawfully blasted rock in the property. The subject matter of the crime itself is the blasting of rocks on 22.8.2008 resulting in the death of two persons. Hence, the charge against A3 is ill-conceived. The final report as well as Crl.M.C. No.1920 of 2010 : 2 : proceedings before the Chief Judicial Magistrate, so far as they relate to the third accused is accordingly quashed. This Criminal M.C is disposed of as above. V.RAMKUMAR, JUDGE dmb