IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 8TH DECEMBER 2010 / 17TH AGRAHAYANA 1932 Crl.MC.No. 4521 of 2010() ------------------------- ( CP.25/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM) .................... PETITIONER/96TH ACCUSED ----------------------------------------- UBAID, S/O.ABDUL RASSAK, MARGABA MANZIL, NEAR AMBALKULAM, VIZHINJAM, THIRUVANANTHAPURAM BY ADV. SRI.M.SREEKUMAR RESPONDENT/STATE -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4521 of 2010 -------------------------- ORDER Crime No.210/2002 of Cantonment Police Station was registered for the offences under Sections 143, 145, 147, 148, 333, 427, 447, 436 and 307 read with Section 149 of Indian Penal Code and Section 3(2)(e) of PDPP Act. After completing the investigation, Annexure-A final report was submitted against 211 accused, which was taken cognizance by Judicial First Class Magistrate-III, Thiruvananthapuram as C.P.No.58/2005. Petitioner was the 96th accused. As he was absconding, case against him and some others was split up and the case against those accused, who appeared, was committed to the Sessions Court, which was taken on file as S.C. No.965/2008 and made over for trial to II Additional Assistant Sessions Court, Thiruvanantpuaram. While the case was being tried, Prosecutor filed C.M.P.No.93/2009 for withdrawing the prosecution under Section 321 of Code of Criminal Procedure. By Annexure-B order, learned Additional Assistant Sessions Judge granted permission to withdraw the case. Annexure-B order shows CRMC 4521/10 2 that case against all the accused were allowed to be withdrawn. But as petitioner was not an accused in S.C. No.965/2008, case against him was not withdrawn and therefore, the benefit of withdrawal of the prosecution was not available to the petitioner, though Annexure-B order shows the name of the petitioner also among the 211 accused. As non bailable warrant was issued against the petitioner in C.P.No.25/2009, the split up case, this petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings. 2. Learned counsel appearing for the petitioner and learned Public prosecutor were heard. 3. Learned Public Prosecutor made available the decision of the Government, intimated to the District Collector, based on which, permission was sought for by the Public Prosecutor to withdraw the prosecution in Crime No.210/2002. That decision was taken by the Government based on a petition filed by Poonthura Siraj and on a letter submitted by Commissioner of Police, Thiruvananthapuram. It shows that the decision was not to withdraw the case against only those accused who appeared, but against all the accused in Crime No. CRMC 4521/10 3 210/2002 of Cantonment Police Station. Annexure-A final report also shows that prosecution case is against all the accused as such and there was no special reason to withdraw the case against the accused, who appeared before the committal court and committed to the Sessions Court and pending before Additional Assistant Sessions Court, alone. In such circumstances, when the Prosecutor, finding valid reasons, sought permission of the learned Additional Assistant Sessions Judge to withdraw the case and learned Additional Assistant Sessions Judge, accepting the submission of the Prosecutor, granted permission to withdraw the case, the benefit granted to the accused in the sessions case shall be available to all the accused, including the petitioner herein. In such circumstances, case against the petitioner as well as other accused in C.P.No. 25/2009, the split up case of C.P.No.58/2005, on the file of Judicial First Class Magistrate's Court-III, Thiruvananthapuram, is quashed. 8th December, 2010 (M.Sasidharan Nambiar, Judge) tkv