IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 Crl.MC.No. 665 of 2010(M) ------------------------- CP.63/2009 of JUDL.MAGISTRATE OF FIRST CLASS-II, MANANTHAVADY .................... PETITIONER: 9TH ACCUSED -------------------------- M.RAJENDRAN, ASSISTANT EXECUTIVE ENGINEER, UTHRAM HOUSE, VATTAKARIKUNNU, PINANGOD ROAD,KALPETTA,WYNAD DISTRICT. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) RESPONDENTS: --------------- 1. STATE OF KERALA BY DIRECTOF OF PUBLIC PROSECUTIONS, HIGH COURT OF KERALA,ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, VYTHIRI POLICE STATION, WYANAD DISTRICT. PUBLIC PROSECUTOR SRI.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------- Crl.M.C.No.665 of 2010 ---------------------------------- Dated this the 21st day of July, 2010 ORDER Petitioner who is the 9th accused in Crime No.25/2008 of Padinjarethara Police Station for an offence punishable under Section 304 read with Section 34 I.PC., seeks to quash Annexure-IV Final Report. 2. According to the petitioner, in Annexure-II report dated 15/2/2008 filed by the Investigating Officer for arraying accused Nos.4 to 8 it is specifically stated that the land slide constituting the subject matter of the occurrence resulting in the death of three employees took place as a result of disregarding the directions of the Assistant Executive Engineer (petitioner herein) to the effect that the earth should be removed only in accordance with approved profile. It was ignoring Annexure-II report that the petitioner and the 10th Crl.M.C.No.665/2010 : 2 : accused have been subsequently arrayed as accused Nos.9 and 10 on the strength of Annexure-C report in which the allegation is that the petitioner and the 10th accused colluded with the contractor. 3. The petitioner has filed this petition on the premise that the case is pending in the committal stage as C.P.No.63/2009. But the letter dated 16/7/2010 submitted by the Judicial Magistrate of the First Class-II, Mananthawadi shows that the case was committed to the Court of Session, Wayanad at Kalpetta on 21/1/2010 and the case has been registered as S.C.No.56/2010 and made over to the Additional Sessions Court (Ad hoc-I), Kalpeta. The only course now open to the petitioner is to plead for a discharge during the preliminary hearing under Sec.227 of Code of Criminal Procedure. The petitioner can highlight the inconsistency or contradiction in the reports filed by the investigating officer while arraying accused Nos.4 to 8 and subsequently accused Crl.M.C.No.665/2010 : 3 : Nos.9 and 10. I am inclined to permit the petitioner to plead for a discharge in absentia. In case the petitioner files an application for the same, the learned Additional Sessions Judge shall not insist on the personal appearance of the petitioner for the disposal of the discharge petition. Reserving the above right of the petitioner this Crl.M.C is disposed of. V.RAMKUMAR, JUDGE skj