Mukesh A vs State Of Kerala
2021 Latest Caselaw 3818 Ker

Crl.M.C. No. 2625 of 2015            1


                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

      TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942

                            Crl.MC.No.2625 OF 2015(D)

AGAINST THE ORDER/JUDGMENT IN SC 350/2009 OF ADDITIONAL DISTRICT
                 COURT (ADHOC-III), KASARAGODE

 AGAINST THE ORDER/JUDGMENT IN CP 52/2009 OF JUDICIAL MAGISTRATE
                   OF FIRST CLASS -II,HOSDRUG

         CRIME NO.430/2008 OF Bekal Police Station , Kasargod


PETITIONER/S:

                    MUKESH A.
                    AGED 27 YEARS
                    S/O GOPALAN, KANDAN VEEDU, THACHANGAD, PANAYAL
                    VILLAGE, KASARAGOD DISTRICT.

                    BY ADV. SRI.T.K.VIPINDAS

RESPONDENT/S:

                    STATE OF KERALA
                    REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
                    KERALA, ERNAKULAM REPRESENTING STATION HOUSE
                    OFFICER, BHEKAL POLICE STATION.


OTHER PRESENT:

                    SR. GP-SRI.CHANDRASENAN D.

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD              ON
02.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C. No. 2625 of 2015             2




                             P.V.KUNHIKRISHNAN, J
                          ----------------------------------
                            Crl.M.C. No. 2625 of 2015
                              --------------------------------
                     Dated this the 2nd day of February, 2021


                                   ORDER

This Criminal Miscellaneous case is filed to quash the entire

proceedings in LP No.28/2012 pending before the Additional

District & Sessions Adhoc-II, Kasaragod against the petitioner.

Admittedly, the above case is pending in the long pending

register. The petitioner has not appeared before the lower court.

This petition is filed to quash the proceedings in the light of the

fact that the co-accused were already acquitted. The petitioner is

relying the judgment of this Court in Moosa v. Sub- Inspector

of Police [2006 (1) KLT 552].

2. Since the petitioner is absconding, I am not inclined to

consider this petition, at this stage. The counsel for the petitioner

also submitted that he is not aware of the present stage of the

case. In such circumstances, this petition can be dismissed, with

liberty to the petitioner to approach again after surrendering

before the court concerned and after obtaining bail.

Therefore, this Criminal Miscellaneous case is dismissed

with liberty to the petitioner to file a fresh petition, after

surrendering before the court concerned and after obtaining bail.

All contentions raised in this Criminal Miscellaneous case are left

open.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO.430/2008 OF BEKAL POLICE STATION.

ANNEXURE A2 TRUE COPY OF THE JUDGMENT OF THE S.C.350/2008 ON THE FILE OF COURT OF ADDITIONA, DISTRICT & SESSIONS AD HOC-III, KASARAGOD.