IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE G.GIRISH WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 CRL.MC NO. 5482 OF 2020 CRIME NO.219/2007 OF PANGODE POLICE STATION, THIRUVANANTHAPURAM SC NO.249 OF 2017 OF ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT, NEDUMANGAD CP NO.6/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, NEDUMANGAD PETITIONER/ACCUSED NO.10: MUHAMMED SHIYAS, AGED 32 YEARS S/O. ABDUL SALEEM, SIYAD MANZIL, KOPPAM, VEMBAYAM P.O., MANICKAL VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT, PIN-695 615. BY ADVS. R.B.RAJESH RAVINDRANATH.A RESPONDENTS/STATE: 1 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. 2 THE SUB INSPECTOR OF POLICE PANGODE POLICE STATION, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT-695 609. 3 * ADDL R3 SREEJITH, AGED 33 YEARS S/O. SREEDHARAN, MALIYATHU VEEDU, MAARIYAM, VENJARAMOODU P.O., MANICKAL MURI, NELLANAD VILLAGE, VENJARAMOODU, THIRUVANANTHAPURAM DISTRICT-695007. (ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED 2025:KER:26021 Crl.M.C 5482/2020 2 28/10/2021 IN CRL. MA 1/2021 IN CRL. MC 5482/2020) SRI SANGEETHARAJ NR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR FINAL HEARING ON 26.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:26021 Crl.M.C 5482/2020 3 ORDER No representation from the petitioner for the 2nd consecutive posting date. 2. The present petition is filed under Section 482 Cr.P.C to quash the Final Report filed by the Pangode police in Crime No.219/2007 in connection with the commission of offence under Sections 143, 147, 148, 149, 324, 326 & 307 IPC, and Section 27 of the Arms Act. The learned Magistrate had taken the above Final Report to files, and numbered it as CP No.71/2015. It was, thereafter, committed to the Sessions Court and the proceedings were being initiated as SC No.249/2017. However, the case against the present petitioner, who was the 10th accused, was dealt with separately as CP No.6/2017, since he was absconding. In the present petition, the petitioner seeks to quash the proceedings against him pursuant to the registration of Crime No.219/2007 of the Pangode Police Station. 3. Heard the learned Public Prosecutor representing the State of Kerala. 4. On going through the Final Report and the accompanying records, it is seen that the Investigating Agency had garnered necessary materials to establish the charge levelled against all accused, including 2025:KER:26021 Crl.M.C 5482/2020 4 the petitioner herein. It is true that some of the accused were acquitted by the Trial Court after the completion of trial in SC No.249/2017. The above aspect alone cannot be a reason to quash the proceedings against the petitioner herein, since, it is seen that the role played by the petitioner in the commission of that Crime, had not been dealt with in the aforesaid judgment of the Trial Court. Needless to say that the prayer in this petition to quash the proceedings against the petitioner, cannot be allowed. In the result, the petition is hereby dismissed. Sd/- G.GIRISH JUDGE IAP 2025:KER:26021 Crl.M.C 5482/2020 5 APPENDIX OF CRL.MC 5482/2020 PETITIONER’S ANNEXURES: ANNEXURE 1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.219/2007 OF PANGODE POLICE STATION AND NOW PENDING AS C.P.NO.6/2017 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, NEDUMANGAD. ANNEXURE 2 CERTIFIED COPY OF THE JUDGMENT IN S C NO.249/2017 DATED 10.10.2019 OF THE ASSISTANT SESSIONS JUDGE, NEDUMANGAD.