IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE3RD APRIL 2008 / 14TH CHAITHRA 1930 Crl.MC.No. 459 of 2008 ------------------------ C.C. NO. 204 OF 2003 OF THE JFCM ALATHUR AND CRIME NO. 41/98 OF PADAGIRI POLICE STATION PETITIONER: ACCUSED: -------------------- DOMINIC @ JOHNY GEORGE, S/O.GEORGE, AGED 44 YEARS, RESIDING AT THACHILEDATHU HOUSE, VADAKODE P.O., MANJALOOR VILLAGE, MUVATTUPUZHA. BY ADV. SRI.JOHNSON P.JOHN RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, PADAGIRI POLICE STATION, PALAKKAD DISTRICT. BY PUBLIC PROSECUTOR MR. M.S. BREEZE THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 459 of 2008 = = = = = = = = = = = = = = Dated this the 3rd April , 2008 ORDER The petitioner who is the accused in C.C.NO.204/2003 on the file of the Judicial First Class Magistrate Court, Alathur arising out of Crime No.41/1998 of Padagiri police station seeks to quash the said proceedings before the Magistrate on the ground that he was already acquitted in Annexure A-II judgment dated 5-4-2003 in C.C.No.521/2000 on the file of the Judicial First Class Magistrate Court, Alathur. 2. Padagiri police has charge sheeted 35 persons in the above crime. All of the said 35 persons except nine faced trial before the Judicial First Class Magistrate Court, Alathur in C.C.No.521 of 2000 for offences punishable under Sections 143,147,148,427,506 (ii) read with Section 149 of the Indian Penal Code. As per CRMC.459/2008 -2- judgment dated 5-4-2003, all the said persons except A2,A19,A25,A28,A32,A33,A34 and A35 were acquitted by the learned magistrate. The charge sheet was laid on the footing that A9 and A32 are different persons. But the petitioner contended that A9 and A32 are one and the same person. In the light of slight confusion regarding the description of two persons, the matter was referred to the Sub Inspector who has filed report before this Court on 29-2-2008 to the effect that A9 and A32 are one and the same person. The petitioner, who is accused No.9 in C.C.No.521/2000 and who has been acquitted by the learned magistrate cannot be tried again for the same offence. Hence, the proceedings registered as C.C.No.204/2003 on the file of the Judicial First Class Magistrate Court, Alathur so far as it relates to A9 and A32 shall stand quashed accordingly. The Crl.M.C.is allowed. V. RAMKUMAR, JUDGE ks.