IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 19TH APRIL 2011 / 29TH CHAITHRA 1933 Crl.MC.No. 1117 of 2011() ------------------------- (LPC 61/2007 (CC 168/1990) OF JUDICIAL FIRST CLASS MAGISTRATE COURT, HOSDURG IN CRIME NO.49/1987 OF BEKAL POLICE STATION) PETITIONER/ A4 ----------------- P.V.SASI, S/O. KANNAN, VELUTHOLI HOUSE, PANAYAL AMSOM, PANAYAL DESOM, HOSDURG TALUK, KASARGOD DISTRICT. BY ADV. SRI.E.C.BINEESH RESPONDENTS/ COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RATHNAKARAN, S/O. GOVINDAN, AGED 48 YEARS, KUTHIRAKKODE HOUSE, PANAYAL AMSOM, THACHANGADU DESOM, HOSDURG TALUK, KASARAGOD DISTRICT. 3. KUNHIKKANNAN S/O. KORAN, AGED 57 YEARS, AMBANGAD HOUSE, PANAYAL AMSOM, THACHANGADU DESOM, HOSDURG TALUK, KASARGOD DISTRICT. PUBLIC PROSECUTOR, SMT.REKHA C. NAIR FOR R1. ADV. SMT.NIMA JACOB FOR R2,3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ---------------------------------- Crl. M.C.No.1117 OF 2011 ---------------------------------------- Dated this the 19th day of April, 2011 O R D E R ~~~~~~~~ This is a petition filed under Section 482 of the Code of Criminal Procedure seeking an order to quash the charge sheet in C.C.No.168/1990 (LPC 61/2007 on the file of the Judicial Magistrate of First Class Court, Hosdurg). The petitioner is the 4th accused. He was reportedly absconding. Hence the case against the petitioner was split up and other accused were tried. The 6th accused was dead. Other accused after trial were found not guilty and acquitted under 248(1) of the Code of Criminal Procedure. According to the petitioner, the matter has been settled out of court between the defacto complainant and the petitioner and there would not be any evidence against the petitioner, even if he is tried before the trial court. With this prayer, the petitioner sought for quashing the charge sheet. 2. Whether there would be evidence against the petitioner or not is not a matter to be decided in a petition under Section 482 of the Code of Criminal Procedure. In the event there is no evidence forthcoming, the petitioner also would be Crl.M.C.No.1117/2011 2 entitled to an order of acquittal as in the case of the other accused. Though offence under Sections 341 and 324 IPC alleged are compoundable as on the date of the commission of the crime, other non compoundable offences are there against the petitioner. In the above circumstance, I find that it would not be appropriate to invoke the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure and to quash the charge sheet. The remedy open to the petitioner is to approach the trial court for early disposal of the case. Therefore, this petition is disposed of with liberty to the petitioner to move the trial court for early disposal of the case. It is submitted that in another proceedings bail was granted to the petitioner. The offence alleged was said to be committed as early as on 4.4.1987. Therefore, the learned Magistrate is directed to dispose the case, at the earliest, not later than three months from today. The petitioner shall appear before the trial court. (P.S.GOPINATHAN, JUDGE) ps