IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 Crl.MC.No. 2758 of 2009(F) ----------------------------------- CC.300/2009 of JUDL.MAGISTRATE OF FIRST CLASS - I, N.PARAVUR (CC 222/2004 of JUDL.MAGISTRATE OF FIRST CLASS - I, N.PARAVUR) .............................................. PETITIONER(S): 1ST ACCUSED/7TH ACCUSED: ----------------------------------------------------------------- SAJAN, S/O.ANTONY, KANAPPILLI HOUSE, MANJALI KARA, KARUMALLOOR VILLAGE. BY ADV. SRI.LIJU. M.P SRI.G.PADMARAJ RESPONDENT(S): RESPONDENT /COMPLAINANT: --------------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2758 OF 2009 ------------------------------------------ Dated 14th September 2009 O R D E R Petitioner is the seventh accused in C.C.222/2004 on the file of Judicial First Class Magistrate, North Paravur. As accused 7 to 9, 11, 12, 14 and 15 were absconding, case as against them was split up and re-filed as C.C.300/2009 and remaining accused were tried by the learned Magistrate. Under Annexure-A judgment, learned Magistrate acquitted accused 1 to 6, 10 and 13, finding them not guilty of the offences. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case as against him contending that in the light of the evidence and acquittal of the co-accused under Annexure-A judgment, no useful purpose will be served, if the petitioner is directed to undergo the ordeal of trial. 2. Learned counsel appearing for petitioner and learned Public Prosecutor were heard. 3. It is clear from Annexure-A judgment CRMC 2758/09 2 that prosecution case was that 15 accused formed themselves into an unlawful assembly with the common object of violating the order of the court and petitioner pelted stones towards the Paravur Municipal office and caused damages to the window and thereby caused a loss of Rs.150/- and when the charge witnesses attempted to prevent the accused from committing further acts, they were intimidated and all the accused thereby committed offences under Sections 143, 147, 188, 283, 448, 506(i), 353 read with Section 149 of Indian Penal Code and Section 3(1) of P.D.P.P Act. 4. Though under Annexure-A judgment, learned Magistrate finding that evidence of Pws.1 and 2, who alone were examined in that case, did not establish the case as against the accused who were facing trial, acquitted them, based on that order of acquittal, it is not possible to quash the case as against the petitioner. When there is no specific allegation as against any of the other accused, that is not the case with regard to the petitioner. Annexures-B, C and D certified copies of depositions of Pws.1 to 3 produced by the petitioner also cannot be taken as a ground to quash the proceedings as against the petitioner. Fact CRMC 2758/09 3 that co-accused were acquitted is not a ground to quash the case as against absconding accused. At best, it could be said that when the prosecution witnesses were examined in C.C.222/2004 they did not depose anything against those accused. That does not mean that if they are to be examined they will not identify the petitioner. In such circumstances, based on the order of acquittal or copy of the depositions the case as against petitioner cannot be quashed. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.