IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 Crl.MC.No. 4224 of 2010 (C) ------------------------- ( CC.459/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR) .................... PETITIONER//ACCUSED NO.5 ------------------------------------------- SREEDHARAN, S/O.KHADER, AGED 52 YEARS, RESIDING AT KAWAYI, KANNUR DISTRICT. BY ADV. SRI.M.V.AMARESAN RESPONDENT/COMPLAINANT --------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR, J. -------------------------------------------------------- Crl.M.C No.4224 OF 2010 --------------------------------------------------------- Dated this the 16th day of November, 2010. O R D E R Petitioner the 5th accused in C.C.No.459 of 2007 in C.C.No.310 of 2004 on the file of Judicial First Class Magistrate, Payyannur, filed this petition under Section 482 of Criminal Procedure to quash the case now pending as C.C.No.459 of 2007, contending that in view of the acquittal of the co-accused by Annexure-1 judgment no purpose will be served by directing the petitioner to undergo the ordeal of a trial and therefore it is to be quashed. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. Out of six accused, except the petitioner who was absconding, others were tried in C.C.310 of 2004 after refiling the case against the petitioner as C.C.No.459 of 2007. By Annexure- 1 Judgment those accused were acquitted. Petition is filed contending that in view of the order of acquittal of the co- accused, the case against the petitioner is to be quashed. As held by the Full Bench of this Court in Moosa v. Sub Inspector of Police (2006(1) KLT 552 (FB)) after considering the very same question based on the judgment of acquittal of the co- Crl.M.C No.4224 OF 2010 2 accused, absconding accused is not entitled to get the case as against him quashed by filing a petition under Section 482 of Code of Criminal Procedure. In view of the decision, the petition can only be dismissed. Petitioner is entitled to appear before the learned Magistrate and raise all the contentions and if necessary to seek an order of discharge under Section 239 of Code of Criminal procedure, Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. mns