IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 Crl.MC.No. 4963 of 2010() ------------------------------------- CC.NO.1565/10 OF FIRST CLASS MAGISTRATE COURT, KOCHI - 30 ... (CRIME NO.128/1998 OF CRIME BRANCH, TRIVANDRUM) PETITIONER(S): ACCUSED NO.1: ------------------------------------------------- TITUS.A.M, S/O.MARYDAS, AGED 58 YEARS, ARARATTUKULAM, CHULLIKKAL P.O., FORT KOCHI. BY ADV. SMT.P.V.SREELATHA RESPONDENT(S): ----------------------------- STATE OF KERALA, REP. BY DY.SUPDT. OF C.B.C.I.D. OF SPECIAL SQUAD II, THIRUVANANTHAPURAM, IN CR.NO.128/CR/88 BY A.P. BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4963 OF 2010 =========================== Dated this the 20th day of December,2010 ORDER Petitioner who was the first accused in C.C.273/1995 on the file of Judicial First Class Magistrate Court-I, Kochi filed this petition to quash the proceedings pending against him now as C.C.1565/2010, contending that accused 2, 3, 5, 6, 9, 14, 15 and 17 to 19 were acquitted in C.C.273/1995. Case against others were refiled as C.C.296/1999 and three accused were acquitted and case as against others were refiled as C.C.2449/2008. By Annxure A1 judgment in C.C.2449/2008, accused 1 and 4 therein were acquitted. It is contended that in such circumstances, it is not in the interest of justice to continue the prosecution. 2. Learned counsel appearing for the Crl.M.C.4963/2010 2 petitioner and learned Public Prosecutor were heard. 3. As held by the Full Bench of this Court in Moosa v. Sub Inspector of Police (2006(1) KLT 552) an absconding accused is not entitled to get the case against him quashed based on the judgment acquitting the co-accused. Hence case against the petitioner cannot be quashed as sought for. Petitioner is at liberty to raise all the contentions raised herein and seek an order of discharge, if charge is not framed from the trial court. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006