IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 Crl.MC.No. 1454 of 2008 L.P.NO.6/96 IN SC 139/2006 (SC 2/93) ON THE FILE OF THE ASSISTANT SESSIONS COURT, PAYYANNUR ------------------------- PETITIONER: ACCUSED: -------------------- M.K.ABDULLA, AGED 32 YEARS, S/O.ABOOBACKER, VADAKKUMBAD, RAMANTHALI. BY ADV. SRI.M.V.AMARESAN & SMT. K.G. SARALAKUTTY RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 1454 of 2008 = = = = = = = = = = = = = = Dated this the 10th day of April, 2008 ORDER The case of the petitioner, who is the 8th accused in Crime No.242/1991 of Payyannur police station for an offence punishable under Section 307 of the Indian Penal Code, was delinked from S.C.No.2/1993 due to his abscondence. Some of the accused in the case in S.C.No.2/1993 were acquitted by the Assistant Sessions Court, Payyannur as per judgment dated 14-6-1996. The case against the petitioner was refiled as S.C.No.139/1996. Subsequently after completing the steps under Sections 82 and 83 Cr.P.C. the case against the petitioner was transferred to the long pending register as L.P.No.6 of 1996. With regard to three other accused persons, their case was transferred to the long pending register as L.P.No.8 of 1996. The surviving accused in S.C.No.2 of 1993 were tried and acquitted by the CRMC.1454/2008 -2- Assistant Sessions Court. The accused persons whose case was transferred to long pending register as L.P.No.8 of 1996 filed Crl.M.C.No.6220 of 1999 before this Court. Besides the three accused persons, the petitioner also joined in the said application. This Court as per Annexure-1 order dated 18-12-1999 quashed the proceedings in L.P.No.8 of 1996 on the file of the Judicial First Class Magistrate, Payyannur after holding that there was no scope for the case against the petitioners. The said finding was entered in view of the fact that the de facto complainant examined as PW1 had deposed in S.C.No.2 of 1993 that he could not identify the assailants. Right or wrong, this Court quashed the proceedings against the petitioner herein also. I see no reason why the benefit of the said order should not be extended to the petitioner. Accordingly, the proceedings in L.P.No.6 of 1996 on the file of the Assistant Sessions Court, Payyannur shall also stand quashed. This Crl.M.C.is allowed. V. RAMKUMAR, JUDGE ks.