IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 Crl.MC.No. 3824 of 2007() ------------------------- CRIME NO.195/2006 OF THE CONTONMENT POLICE STATION, THIRUVANANTHAPURAM CP.54/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM .................... PETITIONER: 3RD ACCUSED ------------------------------------------- A.SHAJEEM S/O.ABDUL SATHAR, AGED 22 YEARS, RESIDING AT V.V. HOUSE, CHATHANPARA, THOTTACADU PO, MANAMBOOR VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.AYYAPPAN SANKAR SRI.M.MUHAMMED MUHAZIN SRI.M.ZIYAD SRI.G.SURARSHAN SRI.S.VINODKUMAR SRI.M.M.RAJNEESH RESPONDENTS: COMPLAINANT ---------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. -2- 3. CIRCLE INSPECTOR OF POLICE, CANTONMENT POLICE STATION, THIRUVANANTHAPURAM. 4. SUB INSPECTOR OF POLICE, CANTONMENT POLICE STATION, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 3824 of 2007 = = = = = = = = = = = = = = Dated this the 9th day of January, 2008 ORDER In this petition filed under Section 482 Cr.P.C, the petitioner namely A. Shajeem, S/o. Abdul Sathar, seeks to quash the charge and all further proceedings in C.P.No.54/2007 on the file of J.F.C.M-III, Thiruvananthapuram. The aforesaid case arises out of Crime No.195 of 2006 of Cantonment Police Station registered for offences punishable under Sections 143,147,148,324,307 read with 149 IPC and Sec.27 of the Arms Act, 1959. The occurrence took place in the precincts of the Sanskrit College, Thiruvananthapuram on 16.10.06, as a result of a clash between the students of the University College and Sanskrit College out of political rivalry. The 3rd accused in the F.I.R is one 'Shajeem' described as the Union Secretary of the S.F.I . The contention of the petitioner is that even though the petitioner also bears the same name, he was never the Union Secretary of the S.F.I and he had no role at all in the occurrence in question. 2. The learned Public Prosecutor after instructions Crl.M.C.No. 3824 of 2007 2 submitted that further investigation has revealed that the Chairman of the University College is also 'Shajeem',who is really the 3rd accused and that a petition for further investigation under Section 173(8) Cr.P.C is being filed before the committal court namely J.F.C.M-III, Thiruvananthapuram, where C.P.No.54/2007 is pending. If so, the apprehension entertained by the petitioner is well founded. Since the subsequent investigation has not revealed the complicity of the petitioner, he need not have any apprehension that he will be arrested or tried as the accused in the case. In case non bailable warrants of arrest are pending against the petitioner, the same shall be recalled by the learned Magistrate in the light of the subsequent developments as detailed above. With the above direction this Crl.M.C. is disposed of. V. RAMKUMAR, JUDGE sj