Sabu P.Jacob vs State Of Kerala
2022 Latest Caselaw 3509 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
                      CRL.MC NO. 2022 OF 2014
C.C.No.460/2014 (old case No.237/2009) on the file of the Judicial First
                 Class Magistrate Court-I, Hosdurg
          Crime No.164/2008 of Rajapuram Police Station
PETITIONER/2nd ACCUSED:

               SABU P.JACOB,
               AGED 37 YEARS
               S/O.JACOB, PANANTHOTTAM HOUSE,
               MARTHAKAKRA VILLAGE, KALADY,
               THRISSUR DISTRICT.
               BY ADVS.
               SRI.JOSY ANTONY
               LINDONS C.DAVIS
               E.U.DHANYA
               SWATHY A.P.


RESPONDENTS/STATE & COMPLAINANT:

    1          STATE OF KERALA
               REPRESENTED BY THE PUBLIC PROSECUTOR,
               HIGH COURT OF KERALA, ERNAKULAM-682 031.
    2          JAINAMMA ABRAHAM
               MANNOOR HOUSE, RAJAPURAM P.O.,
               KASARAGOD DISTRICT, KERALA-671 532.




               R1 BY SRI M P PRASANTH- Public Prosecutor


        THIS     CRIMINAL   MISC.   CASE    HAVING     COME    UP    FOR
ADMISSION ON 22.03.2022, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
 Crl.M.C.No.2022 of 2014


                                  ..2..




                                ORDER

This Crl.M.C. has been filed by the 2 nd accused in

C.C.No.460/2014 on the file of the Judicial First Class

Magistrate Court-I, Hosdurg to quash the entire proceedings

on the ground of acquittal of the co-accused.

2. The petitioner along with the 1st accused was

charged for the offence punishable under Section 420 read

with Section 34 of the IPC. The 1 st accused alone faced trial

and he was acquitted. Since the petitioner/the 2 nd accused

was absconding, the case as against him was split up and

refiled as C.C.No.460/2014. The old case number was

C.C.No.237/2009.

3. The learned counsel for the petitioner submits that

the petitioner/the 2nd accused will surrender before the learned

Magistrate and he will co-operate with the trial. The learned

counsel further submits that, in view of the acquittal of the co-

accused, the petitioner is entitled to be discharged. Crl.M.C.No.2022 of 2014

..3..

4. Having heard both sides, I am of the view that this

Crl.M.C. can be disposed of with liberty to the petitioner to file

an application for discharge before the learned Magistrate. The

learned Magistrate shall dispose of the said application, if any

filed, in accordance with law. The petitioner is at liberty to

raise all the contentions raised in this Crl.M.C. at the court

below in the application for discharge.

This Crl.M.C. is disposed of.

Sd/-

DR.KAUSER EDAPPAGATH, JUDGE skj Crl.M.C.No.2022 of 2014

..4..

APPENDIX OF CRL.MC 2022/2014

PETITIONER'S ANNEXURE ANNEXURE-A1 CERTIFIED COPY OF THE JUDGMENT