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[Cites 7, Cited by 0]

Kerala High Court

Krishnakumar vs Unknown on 15 March, 2012

Author: P.S.Gopinathan

Bench: P.S.Gopinathan

       

  

  

 
 
                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT:

                   THE HONOURABLE MR.JUSTICE. P.S.GOPINATHAN

          THURSDAY, THE 15TH DAY OF MARCH 2012/25TH PHALGUNA 1933

                              Crl.MC.No. 670 of 2012 ()
                               -------------------------
                        CC.391/2003 of J.M.F.C.-II,TRIVANDRUM

PETITIONER(S)/3RD ACCUSED:
-------------------------

          KRISHNAKUMAR
          S/O.KRISHNAN, SUBHA NIVAS, KODANGAVILA
          ATHIYANNOOR VILLAGE AND DESOM.

          BY ADVS.SRI.P.C.HARIDAS
                    SRI.SAJU JOHN

COMPLAINANT(S)/COMPLAINANT:
---------------------------

       1. SUB INSPECTOR OF POLICE
          PEROORKKADA POLICE STATION,
          THIRUVANANTHAPURAM

       2. THE PUBLIC PROSECUTOR
          HIGH COURT OF KERALA AT ERNAKULAM.

           BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN

         THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
 15-03-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:



                            P.S.GOPINATHAN, J.
                     ----------------------------
                         Crl.M.C.No.670 of 2012
                     ---------------------------
                  Dated this the 15th day of March, 2012


                                   ORDER

In this petition under Section 482 of the Code of Criminal Procedure, the petitioner, who is the 3rd accused for offences under Sections 341, 324, 326 and 34 of the Indian Penal Code, seeks an order to quash all further proceedings in C.C.No.391 of 2003 on the file of the Judicial Magistrate of the First Class-II, Thiruvananthapuram.

In response to a query by this court, the learned Magistrate had reported that the Assistant Public Prosecutor filed C.M.P.No.2931 of 2009 under Section 321 of the Code of Criminal Procedure to withdraw the prosecution. Though that petition was dismissed, in revision by the State, this court allowed the petition to withdraw the prosecution and accordingly, the accused were acquitted and no further proceedings are pending before that court.

In the above circumstance, this petition is dismissed as infructuous.

P.S.GOPINATHAN, JUDGE cms