IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 Crl.MC.No. 330 of 2010() ------------------ CRIME NO. 308 OF 2005 OF KASARAGOD POLICE STATION .................... PETITIONER(S): ACCUSED ---------------------- 1. E.M.RAHEEM, 29 YEARS, S/O.MUHMMED HAJI, NEAR KUDULLU VILLAGE OFFICE, KUDULLU VILLAGE, KASARAGOD. 2. A.M. MUSTAFA @ CHORA MUSTAFA, S/O. ABDULLA, CHRENGAI KADAPPURAM, ERIYAL VILLAGE, KUDULLU VILLAGE, KASARAGOD THE NAME AND ADDRESS OF THE SECOND PETITIONER IS CORRECTED AS AS ABOVE AS PER ORDER DATED 5-8-2010 IN CRL.M.A. NO. 2531/2010. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, STATE REP.BY SHO, KASARAGOD POLICE STATION, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 330 of 2010 * * * * * * * * * * * * * * * * * * Dated: 5th day of August, 2010 ORDER Petitioners who are accused Nos. 6 and 8 in Crime No. 308 of 2005 of Kasaragod Police Station for offences punishable under Sections 143, 147, 148,452,324 and 308 read with Sec. 149 I.P.C. and who were absconding in S.C. 374 of 2006 on the file of the Addl. District and Sessions Court (Adhoc) III, Kasaragod seek to quash the proceedings in S.C. No. 164 of 2007 in C.P. No. 147/2005 before the said Court. Consequent on their abscondance in S.C. No. 374 of 2006 the case against them was split up and re-filed as S.C. No. 164 of 2007. 2. When Sessions Case 374 of 2006 was pending before the Court below the prosecution had got the same withdrawn under Sec. 321 Cr.P.C. Annexure A2 is the judgment of the Court below giving consent for withdrawal of Crl.M.C. No. 330 of 2010 -:2:- the prosecution. Since, at that time the petitioners were absconding, their case could not be disposed of and was re- filed as S.C. 164 of 2007. 2. In as much as the request for withdrawal from prosecution was in respect of the entire case with regard to all the accused persons, I do not think that the benefit of withdrawal should be denied to the petitioners merely because of their abscondance in S.C. 374 of 2006 . Accordingly, this M.C. is disposed of agreeing to the request of the prosecution to withdraw the prosecution in Crime No. 308 of 2005 of Kasaragod Police Station. Consequently, S.C. No. 164 of 2007 shall stand quashed. Dated this the 5th day of August, 2010. V. RAMKUMAR, (JUDGE) ani. Crl.M.C. No. 330 of 2010 -:3:-