IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 11TH APRIL 2011 / 21ST CHAITHRA 1933 Crl.MC.No. 885 of 2011() --------------------- CRIME NO.260/2009 OF VIZHINJAM POLICESTATION, THIRUVANANTHAPURAM PETITIONER(S): ACCUSED 3: ----------------------- ANEESH KUMAR @ ANEESH, S/O.RAGHAVAN, AGED 24 YEARS, KIZHAKKETHATTU PUTHEN VEEDU, AVANAKUZHI, MANALIVILA, THANNIMOODU P.O., VIZHINJAM, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.PRATHEESH.P SRI. K.SIJU RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, VIZHINJAM POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SHRI JAIBY PAUL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.885 of 2011 -------------------------------------- Dated this the 11th day of April, 2011. ORDER Petitioner is the third accused in Crime No.260 of 2009 of Vizhinjam Police Station for offence punishable under Section 379 read with Section 34 of the Indian Penal Code. Prosecution case is that petitioner along with two others in furtherance of their common intention committed theft of an autorickshaw. It is submitted by learned counsel that a split charge was filed against accused 1 and 2 which ended in Annexure-5, judgment. It is contended that there is no material on record except the confession statement of accused 1 and 2 to show that petitioner is involved in the alleged incident. Learned Public Prosecutor submitted that since petitioner was absconding, no final report has been submitted against him. 2. I have been taken through Annexure-5, judgment where learned Magistrate made certain observations regarding the defects in the prosecution case. But here is a case where final report has not so far been filed against petitioner. In the circumstances I do not find reason to interfere with the matter and quash proceeding against petitioner. Petitioner can challenge the final report if any, submitted against him as provided under law. The Officer investigating Crime No.260 of 2009 of Vizhinjam Police Station is directed to expedite his proceeding and submit final report as provided under law. Crl.MC No.885/2011 2 With the above direction and without prejudice to the right of petitioner to challenge the final report if any submitted against him this Criminal Miscellaneous Case is closed. THOMAS P.JOSEPH, Judge. cks