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2018 Supreme(Online)(KER) 21263

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

TUESDAY, THE 27TH DAY OF NOVEMBER 2018 / 6TH AGRAHAYANA, 1940

Crl.MC.No. 4149 of 2018

AGAINST CC 1777/2013 of J.M.F.C.I, ADOOR

CRIME NO. 257/2006 of Adoor Police Station, Pathanamthitta

PETITIONER:

RETHEESH

AGED 31 YEARS,

S/O.REGHU, POLACHIRAMELETHIL VEEDU,

MELOOD MURI, PERINGANAD VILLAGE,

ADOOR TALUK,PATHANAMTHITTA.

BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL

RESPONDENTS:

1

STATE OF KERALA

REPRESENTED BY PUBLIC PROSECUTOR,

HIGH COURT OF KERALA, ERNAKULAM - 682 031.

2

THE SUB INSPECTOR OF POLICE

ADOOR POLICE STATION,PATHANAMTHITTA DISTRICT.

SENIOR PUBLIC PROSECUTOR SRI.ALEX M THOMBARA

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

27.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 4149 of 2018 2

Petitioner was the third accused in C.C.No.790

of 2006 on the file of the Judicial Magistrate of

First Class-I, Adoor. The accused allegedly

committed the offences under Section 420 IPC. As

the petitioner absconded only the others were

tried. They were acquitted. Later the petitioner

surrendered and his case is now pending as

C.C.No.2064 of 2018. His prayer is to quash the

proceedings in the light of the acquittal of the

co-accused.

2.

Heard the learned counsel for the

petitioner and the learned Public Prosecutor.

3.

The petitioner absconded at the stage of

hearing under Section 313 CrPC. I have perused

Annexure A1 Judgment by which the co-accused were

acquitted. I am satisfied that the trial of the

petitioner will not serve any purpose.

Crl.MC.No. 4149 of 2018 3

In the result, This Crl.M.C. is allowed. The

proceedings in C.C.No.2064 of 2018 (arising from

Crime No.257 of 2006 of Adoor Police Station) are

quashed.

Sd/-

K.ABRAHAM MATHEW

JUDGE

MC/28.11.18

Crl.MC.No. 4149 of 2018 4

APPENDIX

PETITIONER'S/S EXHIBITS:

ANNEXURE A1:

TRUE COPY OF THE JUDGMENT IN

C.C.NO.790/2006 OF JFMC-I, ADOOR.

ANNEXURE A2:

TRUE COPY OF THE CHARGE SHEET IN

C.C.NO.1777/2013 ON THE FILE OF JFMC-I,

ADOOR.

RESPONDENT'S/S EXHIBITS:

NIL

MC

(TRUE COPY) PA TO JUDGE

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