IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 Crl.MC.No. 3068 of 2010 (A) ------------------------- SC.462/2004 of ADDL. ASSISTANT SESSIONS COURT, THRISSUR CP.88/2003 of JUDL. FIRST CLASS MAGISTRATE COURT, KODUNGALLUR AND CRIME NO.219/01 OF KODUNGALLUR POLICE STATION. .................... PETITIONER/ACCUSED ---------------------- SABAREESAN,S/O. KUMARAN, AGED 34, ANNAKATHIL HOUSE, KANDAMKULAM DESOM, METHALA VILLAGE, THRISSUR DISTRICT. BY ADV. DR.V.N.SANKARJEE RESPONDENTS/COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSEPCTOR OF POLICE, MALA. BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3068 of 2010 -------------------------- ORDER Petitioner, the 20th accused in S.C.No.462/2004 on the file of Additional Assistant Sessions Court, Thrissur, who was absconding along with accused 7, 24, 31 and 33, filed this petition under Section 482 of Code of Criminal Procedure to quash the proceedings contending that in view of Annexure-B order of acquittal, even if petitioner is to be tried, there is no likelihood of a successful prosecution and therefore, the proceedings is to be quashed. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Argument of the learned counsel is that based on Annexure-B judgment in S.C.No.462/2004, which, according to the petitioner, establishes that petitioner has not committed the offence, the proceedings as against the petitioner is to be CRMC 3068/10 2 quashed. As held by the Full Bench of this Court in Moosa v. Sub Inspector of Police (2006 (1) KLT 552), based on a judgment, acquitting the co- accused, an absconding accused is not entitled to get the case as against him quashed, as sought for by the petitioner. Petitioner is at liberty to raise all the contentions raised herein before the Additional Assistant Sessions Judge. Petition is dismissed. 13th September, 2010 (M.Sasidharan Nambiar, Judge) tkv