IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Crl.MC.No. 1180 of 2010 ---------------------------------- [L.P.C.NO.9/2008 OF JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR] .................... PETITIONER/ACCUSED: ---------------------------------- REGIN DEVASSY, AGED 30 YEARS, S/O.DEVASSY VEMBIRINJAN CHARLY, VEMBIRINJAN HOUSE, MATTOOL SOUTH, MATTOOL P.O., KANNUR DISTRICT, KERALA, PIN-670 302. BY ADVS. MR.PINTO FREDERIC, SMT.K.ANILA. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REP.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 07/04/2010, ALONG WITH CRL.M.C. NOS. 1181/2010 & 1185/2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.1180,1181 & 1185 OF 2010 =========================== Dated this the 7th day of April,2010 ORDER Petitioner is the accused in L.P.151/2007,9/2008 and 38/2008 on the file of Judicial First Class Magistrate's Court, Payyannur. As he was absconding, the remaining accused were tried and acquitted. These petitions are filed to quash the proceedings against the petitioner contending that in view of the acquittal of the co-accused it is not in the interest of justice to continue the prosecution. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Though the co-accused were acquitted as held by the Full Bench of this Court in Moosa Crl.M.C.1180, 1181 & 1185 of 2010 2 v. Sub Inspector of Police (2006(1) KLT 552) based on the order of acquittal as against the co-accused the absconding accused is not entitled to get the case against him quashed invoking the extra ordinary jurisdiction under section 482 of the Code of Criminal Procedure. The judgment in the trial of the co-accused can only be looked into to find out who are the parties to the case and whether it has ended in acquittal or conviction. Therefore based on the acquittal of the co-accused petitioner is not entitled to get the case as against him quashed. 4. Learned counsel then submitted that a non bailable warrant is pending. If petitioner surrenders and files an application for bail, it is for the Magistrate to decide whether he is to be released or not, without delay. I find no reason to believe that Magistrate is unaware of the provisions of law or the decisions of this court or the Apex Court or that Magistrate will not act in accordance with law. Hence no direction is Crl.M.C.1180, 1181 & 1185 of 2010 3 warranted. Petitions are dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006