In a criminal miscellaneous case, the Kerala High Court dismissed a petition seeking to quash proceedings against a petitioner, holding that a person not tried cannot apply for quashing and must instead seek discharge via the Magistrate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930
Crl.MC.No. 593 of 2009()
-----------------------CC.927/2001 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR
PETITIONER(S):
--------------ASSI @ ABDUL AZEEZ, S/O. VEERAN, THEKKOTTAN VEEDU, PAYYANGODE, KAIRADI
BY ADV. SRI.P.C.SASIDHARAN
RESPONDENT(S):
--------------THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
PUBLIC PROSECUTOR SRI. SALIM P.A.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
Crl. M.C. NO. 593 of 2009
ORDER
Petitioner who is the 4th accused in Crime No. 27 of 2001 of Nenmara Police Station for offences punishable under Sections 143, 147, 148 and 427 read with Sec 149 I.P.C. Seeks to quash the proceedings initiated against him as C.C. No. 27 of 2004 before the J.F.C.M. Alathur. The main ground on which proceedings are sought to be quashed is that the 15 co-accused in the case registered as C.C. 927 of 2001 were acquitted by the learned Magistrate as per judgment dated 6-01-2004. The petitioner who did not face trial in the said case cannot seek the proceedings against him to be quashed in a petition under Sec. 482 Cr.P.C. he will have to surrender before the Magistrate and plead for a discharge if the same is permissible on the basis of the judgment of acquittal in the case of the co-accused.
This petition is accordingly dismissed without prejudice to the petitioner to plead for a discharge before the learned Magistrate.
Dated this the 9th day of February, 2009.
V. RAMKUMAR, (JUDGE)
ani.
1 issue framed by the court
Whether a petitioner who was not placed on trial can seek quashing of proceedings under Section 482 Cr.P.C. merely because co-accused were acquitted.
Assi @ Abdul Azeez
The State of Kerala
V. Ramkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
