IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 CRL.MC.NO. 4269 OF 2009() ---------------------------------------- SC.1286/2007 OF ADDL.ASSISTANT SESSIONS COURT, KOLLAM .................... PETITIONER(S): ACCUSED NOS. 1, 3 & 5 --------------------------------------------------------- 1. LENIN ANDREW, S/O. ANDREW, AJITHALAYAM, SAKTHIKULANGARA, KOLLAM. 2. BRITOO SEBASTIAN, S/O. SEBASTIAN, THACHEZHATHU THOPPIL, SAKTHIKULANGARA, KOLLAM. 3. BROONO, S/O. JOHNSON, MADAMMATHOPPIL VEEDU, SAKTHIKULANGARA, KOLLAM. BY ADV. SRI.DILEEP P.PILLAI RESPONDENT(S): STATE DEFACTO COMPLAINANT --------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SHAJI MANUEL, S/O. MANUEL, AGED 38, THEKKE MATTATHU VEEDU, SAKTHIKULANGARA, KOLLAM. 3. ANIL ANTONY, S/O. ANTONY, AGED 34 YEARS, THOTTATHIL VEEDU, SAKTHIKULANGARA, KOLLAM. 4. RAJU, S/O. HENRY, AGED 40 YEARS, THACHEZHATHU THOPPIL VEEDU, SAKTHIKULANGARA, KOLLAM. 5. EJIN, S/O. FRANCIS, AGED 38 YEARS, PHILIP MANDIRAM, SAKTHIKULANGARA, KOLLAM. BY PUBLIC PROSECUTOR BY SHRI K.J. MOHAMMED ANZAR R1 SRI.S.BIJU (KIZHAKKANELA) FOR R3-5 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 25/02/2011, THE COURT ON 25/02/2009 PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.4269 of 2009 ==================================== Dated this the 25th day of February, 2011 O R D E R Heard counsel for petitioners. 2. Prayer in this petition is to quash proceeding against petitioners in S.C. No.1286 of 2007 of the court of learned Additional Assistant Sessions Judge, Kollam. It is submitted by learned counsel that some of the accused have been acquitted and case against other accused has been quashed by this Court. It is stated that the case is posted on 28.02.2011. 3. It is seen that this petition is filed as early as in 2009. On the eve of the day on which trial commences there is no reason to interfere with the same. Petitioners can face the trial. If the occurrence witnesses turn hostile it is open to the Public Prosecutor concerned to think of dispensing with examination of remaining witnesses if such a course is warranted. Criminal Miscellaneous Case is closed with the above observation. Criminal Miscellaneous Application No.7283 of 2009 shall stand dismissed. THOMAS P. JOSEPH, JUDGE. vsv