IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 Crl.MC.No. 714 of 2010(F) ------------------------------------ (L.P.C.NO.233/2003 OF JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR) .................... PETITIONER/29TH ACCUSED: ------------------------------------------- PADANNAKANDY SATHYAN,S/O.KARUNAN, AGED 47 YEARS,AREEKAL HOUSE, PADUVALLY AMSOM/DESOM,PATHIRIYAD POST, KANNUR DISTRICT. BY ADV. SRI.P.K.RAVISANKAR RESPONDENT: ---------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.714 OF 2010 ------------------------------------------ Dated 29th March 2010 O R D E R Petitioner was accused No.29 in C.P.17/2000 on the file of Judicial First Class Magistrate-I, Kannur. As petitioner was absconding, the case as against him was split up and re-filed and subsequently transferred to the register of long pending cases. It is now pending as L.P.233/2003. Case as against the other accused were committed to Sessions court. It was taken on file as S.C.535/2001. When the case as against 46 accused were pending before the Principal Assistant Sessions court, Thalassery as S.C.535/2001, Public Prosecutor submitted Annexure-B petition under Section 321 of Code of Criminal Crmc 714/10 2 Procedure, for permission to withdraw the prosecution. By Annexure-C order, learned Sessions Judge granted permission. The prosecution as against them was withdrawn. Though case as against the petitioner was not committed and was split up and re-filed, Annexure-C judgment shows that case against the petitioner was also permitted to be withdrawn. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case as against the petitioner as it is now pending in the long pending register. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Annexure-B petition filed by the Public Prosecutor, to withdraw the case Crmc 714/10 3 before Principal Assistant Sessions Judge, Thalassery shows that permission was sought to withdraw the case, against all the accused who were arrested. Though the case against the petitioner was not committed and hence was not pending before the Sessions court, Annexure-B application shows that the intention was to withdraw all the case against all the accused and not against some of the accused, whose case was committed to the Sessions court. It is clear from Annexure-C that learned Principal Assistant Sessions Judge also treated the petition to withdraw the case against all the accused. In such circumstances, though technically case as against the petitioner was not committed to the Sessions court and hence the granted by the Assistant Sessions Crmc 714/10 4 Judge to withdraw the case against petitioner also as has been done in Annexure-C is not proper as fairly submitted by the learned Public Prosecutor, the case as against 29th accused is also intended to be withdrawn. In such circumstances, it is not in the interest of justice to continue the case against the petitioner. Petition is allowed. L.P.233/2003 on the file of Judicial First Class Magistrate-I, Kannur as against the petitioner is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.