IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 Crl.MC.No. 3479 of 2010() ------------------------- CRIME NO.59/1994 OF CHAVAKKAD POLICE STATION) .................... PETITIONER(S): 5TH ACCUSED -------------------------- SIDDIQUE, S/O. KERANTAKATH KOYAMON, KADAPURAM DESOM, THIRUVATHRA, PUTHANKADAPPURAM, CHAVAKKAD TALUK. BY ADV. SRI.R.RAMADAS SRI.SAJU.S.A RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, CHAVAKKAD POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HIRTHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------- Crl.M.C.No.3479 of 2010 ---------------------------------------- Dated this the 19th day of August, 2010 ORDER The petitioner who is the 12th accused in Crime No.59 of 1994 of Chavakkad Police Station for offences punishable under Sections 143, 147, 148, 323, 324, 452 and 307 read with Section 149 I.P.C. and whose case was split up from Sessions Case No.85/1996 on the file of the II-Additional Assistant Sessions Court, Thrissur and presently pending as Sessions Case No.1107 of 2009 before the said court, seeks to quash the proceedings, mainly on the ground that the accused in the case have been acquitted after trial as evidenced by Annexures-2 and 3 judgment. 2. Acquittal of the co-accused cannot be a ground for quashing the proceedings against the petitioner without a trial in the light of the Moosa Vs, Sub Inspector Police 2006(1) KLT 552. If a question of identity doesn't arise for consideration the petitioner may file a petition before the Assistant Sessions Judge seeking personal exemption by incorporating the necessary averments. In case such a petition is filed the same shall be considered favourably and Crl.M.C.No.3479/2010 : 2 : the learned Assistant Sessions Judge shall not insist on the personal appearance of the petitioner unless it is inevitable to do so at any subsequent stage of the trial. This Criminal M.C. is disposed of giving the above benefit. V.RAMKUMAR, JUDGE skj