IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 Crl.MC.No. 1510 of 2009(A) -------------------------------------- CP.NO.59/2007 OF JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA. .................... PETITIONER/ ACCUSED: ----------------------------------- SAJAN @ SHAJI, AGED 40 YEARS, S/O.JOSEPH,ILLIMOTTIL HOUSE,NEELOOR.PO, KADANATTU VILLAGE,MEENACHIL TALUK,KOTTAYAM DISTRICT. BY ADVS. MR.M.G.KARTHIKEYAN, MR.NIREESH MATHEW. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE,KALAMASSERY POLICE STATION, ERNAKULAM DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR MR. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1510 OF 2009 ------------------------------------------ Dated 4th June 2009 O R D E R Petitioner is third accused in Crime No.73/2001 of Kalamassery police station. There were altogether seven accused. Case as against three accused were committed to sessions court and later they were acquitted after trial. Case as against the petitioner was re-filed as C.P.59/2007. This petition is filed under Section 482 of Criminal Procedure Code to quash the case pending against petitioner contending that he has nothing to do with the offence and even if final report is accepted, no offence as against petitioner is brought out and therefore continuation of the proceedings is only an abuse of process of court. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Annexure-A charge submitted by Circle Inspector of Police, Kalamassery in crime No.73/2001 shows that prosecution case was that in the lorry CRMC 1510/09 2 belonging to the 7th accused, with first accused as the driver and second accused as cleaner and 6th accused as steppini driver, 176 cases of Jumbo XXX Rum was transported on 22/2/2001 and at about 1.15 p.m. it was seized by the police at North-West of Kalamassery Railway police station and all the accused committed the offence under Section 55(a) of Abkari Act read with Section 34 of Indian Penal Code. 4. As rightly pointed out by the learned counsel appearing for petitioner there is absolutely no allegation as against the petitioner in the charge sheet and it is not known how and in what capacity the petitioner was implicated. Learned Public Prosecutor submitted that petitioner was implicated based on the confession statement of one of the accused that it was he who had transported the vehicle from Bangalore to Thrissur. But, even if there is such a confession statement, it is not admissible in evidence and purpose of examination of charge witnesses given in Annexure-A report does not disclose that any witnesses is expected to speak about transportation of the vehicle from Bangalore to Thrissur by the petitioner. Learned Public prosecutor fairly submitted that there is no CRMC 1510/09 3 other material in the case diary to connect petitioner with the offence alleged. In such circumstances, there is absolutely no reason to continue the proceedings as against the petitioner when there is no material whatsoever, to show that he is involved in the offence. Petition is allowed. Case as against petitioner in Crime 73/2001 now pending as C.P.59/2007 on the file of Judicial First Class Magistrate-II, Aluva is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.