IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 Crl.MC.No. 2103 of 2010() ---------------------------------- CC.3232/2009 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... PETITIONER(S): PETITIONER ------------------------- B. KANDASWAMI, S/O. BHAGAVATHI, TECHNICIAN GRADE-I, ELECTRICAL OFFICE, SOUTHERN RAILWAY, ERNAKULAM JN. BY ADV. SRI.V.PREMCHAND SRI.S.A.ANAND RESPONDENT(S): COMPLAINANT AND STATE -------------------------- 1. T.S. GOPAKUMAR, INSPECTOR/RPF, ERNAKULAM CIRCLE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI -31. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2103 of 2010 -------------------------------------- Dated this the 16th day of June, 2010 ORDER The petitioner who was the third accused in Crime No.11/2003 of RPF Station, Ernakulam Junction for an offence punishable under Section 3(a) of the Railway Properties (Unauthorised Possession)Act, 1966 seeks to quash the final report and all further proceedings in C.C.No.3232/2009. 2. Accused Nos.1, 2 and 4 in the case pleaded guilty to the charge against them and were sentenced to pay fine. According to the petitioner the averments in the complaint do not constitute the offence alleged and therefore Annexure-A complaint is to be quashed and all subsequent proceedings are also to be quashed. 3. The petitioner has pleaded not guilty and on the framing of the charge against him trial of the case started. The only course of action now available to the petitioner is to face the trial. In case a question of identity does not arise for consideration during trial, the petitioner can file an application seeking personal exemption during trial. If the petitioner files a petition incorporating appropriate Crl.M.C.No.2103/2010 : 2 : averments, the learned Magistrate shall grant personal exemption to him during the trial of the case. With this liberty, this Criminal M.C. is dismissed. V.RAMKUMAR, JUDGE skj