IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 Crl.MC.No. 836 of 2010() ----------------------------------- L.P.159/2007 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HOSDURG. CRIME NO.50/2005 OF CHANDERA POLICE STATION. .................... PETITIONER(S): ----------------------- T.K. ABOOSHAM, AGED 27 YEARS, S/O.LATE HAMEED, THEKKEKKAD, PADANNA KADAPPURAM, KASARGODE DISTRICT. BY ADV. MR.JAWAHAR JOSE RESPONDENT(S): -------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.836 OF 2010 ------------------------------------------ Dated 29th March 2010 O R D E R Petitioner is the accused No.24 in C.P.158/2006, now pending as L.P.159/2007 on the file of Judicial First Class Magistrate-I, Hosdurg. Petition is filed under Section 482 of Code of Criminal Procedure to quash the case pending against the petitioner contending that prosecution has already been withdrawn, evidenced by Annexure-B judgment in S.C.233/2007 and this court, by Annexure-C order in Crl.M.C.4900/2008 has quashed the case against another accused on the ground that prosecution has already been withdrawn. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. Crmc 836/10 2 3. Annexure-A final report shows that prosecution case is that 24 accused committed offences under Sections 143, 147, 148, 332, 225(b) and 308 read with Section 149 of Indian Penal Code on 26/2/2005 at about 6.45 p.m at Kalikadavu. Case was registered as crime No.50/2005. Annexure-B judgment in S.C.233/2007 shows that case as against 20 accused were committed and taken on file as S.C.233/2007. When that case was pending, Public Prosecutor filed a petition under Section 321 of Code of Criminal Procedure. It was allowed and case as against those accused, were withdrawn. Subsequently, one of the remaining accused whose case was split up and re-filed as he was absconding like the petitioner by the Crmc 836/10 3 learned Magistrate, filed Crl.M.C.4900/2008 before this court, this court has taken note of the fact that the true intention of the prosecution was to withdraw the prosecution as such and not as against those accused alone who were facing trial in the Sessions court. Hence the case as against that accused was quashed. Said decision squarely applies to the case of the petitioner also. In such circumstances, it is not in the interest of justice to continue the prosecution against petitioner, when Public Prosecutor has already withdrawn the prosecution as against the accused in the Sessions case and this court has already found that intention was to withdraw the entire prosecution. Crmc 836/10 4 Petition is allowed. L.P.159/2007 on the file of Judicial First Class Magistrate-I, Hosdurg which arises from crime No.50/2005 of Chandera police station is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.