IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 30TH AUGUST 2010 / 8TH BHADRA 1932 Crl.MC.No. 911 of 2010() ---------------------------------- C.C. NO.1306/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, HOSDURG. .................... PETITIONER/ACCUSED N0.1 ------------------------------------------ K.M. ABOOBACKER, AGED 47 YEARS, S/O.B. MUHAMMED, VADAKKEPPURAM HOUSE, KUNIYA, PERIYA VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENTS/STATE & DEFACTO COMPLAINANT ---------------------------------------------------------------------------- 1. STATE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. C.M. DINESAN, AGED 47 YEARS, S/O.C.K. MADHAVAN, WEST ELERI VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT, (PRESENTLY WORKING AS AMIN,SUB COURT, HOSDURG, KASARAGOD DISTRICT). R1 BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.911 OF 2010 --------------------------------------------- Dated 30th August, 2010 O R D E R Petitioner, the first accused in C.C.1306/2008 absconded when the remaining accused were tried by Judicial First Class Magistrate-II, Hosdurg. By Annexure-IV judgment third accused was found not guilty and was acquitted. Case as against the petitioner and accused 2 and 4 was split up and re-filed as C.C.440/2007. When the original fourth accused appeared, he was tried in C.C.66/2006. By Annexure-V judgment he was also acquitted. The case as against accused 1,2 and 5 was split up and re-filed as C.C.440/2007. When the petitioner appeared, he was being tried in C.C.1360/2008 and his plea was recorded Crmc 911/10 2 under Annexure-VI. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings as against him contending that in view of the acquittal of the co-accused and absence of materials to show that the petitioner committed either assault or used criminal force against the Amin, the case is to be quashed. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Argument of the learned counsel appearing for the petitioner is that the only allegation as against the petitioner is that when Amin who attached the vehicle got into the car, petitioner took the key and went away and did not permit the Amin to remove the vehicle and the other accused though used criminal Crmc 911/10 3 force it was not against the Amin but the persons who accompanied the amin. I do not find that it is a matter to be considered and decided by this court in a petition filed under Section 482 of Code of Criminal Procedure. Petitioner is entitled to raise all the contentions before the learned Magistrate. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.