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