IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 Crl.MC.No. 1156 of 2009() ----------------------------------- CRIME NO.123/1999 OF POOJAPPURA POLICE STATION .................... PETITIONER/SECOND ACCUSED ----------------------------------------------- KUTTAPPAN, AGED 33 YEARS S/O.DAMODARAN, VILAYIL VEEDU, PUNNACKAMUGAL, THIRUMALA. BY ADV. MR.B.HARISH KUMAR RESPONDENTS/DEFACTO COMPLAINANT & STATE: -------------------------------------------------------------------------- 1. VIJAYAN, AGED 48 YEARS, S/O.APPU ASARI, TC 18/572, BHANUMATHI BHAVAN, PUNNACKAMUGAL, THIRUMALA. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.GIKKU JACOB R1 BY MR.Y.BOBBY JOSEPH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 1156 of 2009 ORDER ON CRL. MA NO.1738/2009 IN CRL. MC. NO.1156/2009 DISMISSED 31/03/2009. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.A. TO JUDGE Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 1156 OF 2009 = = = = = = = = = = = = = = = Dated this the 31st day of March, 2009. O R D E R This is an application filed by the petitioner to quash the proceedings in Crime No.123/99 in C.C.56/08 of Addl. Chief Judicial Magistrate Court, Thiruvananthapuram. The petitioner is the 2nd accused and the offences alleged against him are u/Ss.143, 147, 148, 324, 323, 506(ii) r/w S.149 IPC. A statement is also filed by the defacto complainant to the effect that he does not want to proceed further with the case against this person. Annexure A3 is a judgment passed by the Addl. Chief Judicial Magistrate in C.C.96/00. In that case nobody has identified the accused and the independent witnesses PW2 turned hostile which resulted in the acquittal of the accused Nos.1, 3, 5, 7 and 8. It has to be stated that the case against the present petitioner was split up and refiled as C.C.56/08. Since there is no complaint for the defacto complainant against the present accused and as there is materials to show that even the identification of the Crl.M.C. 1156 OF 2009 -:2:- accused is not possible there is no point in continuing the prosecution which only will result in wastage of time of the Court from doing serious matters. Therefore I invoke the power u/s 482Cr.P.C and quash the charge against the present petitioner namely the 2nd accused alone in C.C.56/08 pending before the Addl. Chief Judicial Magistrate Court, Thiruvananthapuram. The Crl.M.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-