IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 Crl.MC.No. 2826 of 2009() ------------------------- SC.867/2007 of DISTRICT & SESSIONS COURT, KASARAGOD .................... PETITIONER(S): 3RD ACCUSED: ------------------------------------------------ RAVI RAI @DAVOOD, S/O.KUNJANNA RAI, H.NO.KMC V/357, SIVAKRIPA, ANAYOOR, KASARAGODE. BY ADV. MR.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/STATE: -------------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION. 2. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR. S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2826 of 2009 -------------------------- ORDER Petitioner is the third accused in S.C.No. 867/2007 on the file of Sessions Court, Kasargod. This petition is filed to quash Annexure-III final report, taken cognizance by the Magistrate, based on which the case was committed to the Sessions Court. Case of the petitioner is that there is no material, whatsoever, to connect the petitioner with the offence and therefore, the case as against the petitioner is to be quashed. 2. When petitioner is entitled to seek an order of discharge from the Sessions Judge under Section 227 of Code of Criminal Procedure, I do not find it necessary to quash the case. Petitioner is at liberty to raise all the contentions raised herein before the Sessions Judge. With that liberty, petition is disposed. 26th August, 2009 (M.Sasidharan Nambiar, Judge) tkv