The petitioner has come up with this Crl.M.C under Section 482 Cr.P.C. with a prayer to quash Annexure 1 Final Report in S.C.No.187 of 2013 of the Sessions Court, Thiruvananthapuram, Annexure 2 FIR of the Fort Police Station in Crime No.980 of 2009 and all further proceedings in S.C.No.187 of 2013. 2. It seems that the Final Report has been filed in Crime No.980 of 2009 of the Fort Police Station, Thiruvananthapuram under Sections 366A, 366G, 511 of 376, 354 and 120 B read with Section 34 IPC. It seems that serious allegations have been levelled against the petitioner and the other accused. When the matter is pending before the Sessions Court, Thiruvananthapuram for trial, this Court is of the view that the matter narrated here can be brought to the notice of the learned Sessions Judge while hearing Crl.M.C.No.6253/2014 : 2 :
under Section 227 Cr.P.C.
3. According to the learned counsel for the petitioner, the petitioner has been falsely implicated in the matter and he is being mentally tortured and harassed. Whatever it is, going through the prosecution records, I am of the view that this is not a fit case wherein FIR and Final Report can be quashed under Section 482 Cr.P.C. The arguments put forwarded by the learned counsel for the petitioner can well be placed before the learned Sessions Judge during the hearing under Section 227 Cr.P.C.
4. The learned counsel for the petitioner has pointed out that A1 and A2 in the case are not appearing deliberately and they are not available for trial and therefore, there may be unnecessary delay in the trial of the case. In such case, if A1 and A2 are not available for trial, the learned Sessions Judge shall split up the case against A1 and A2 and proceed with the trial as against A3, who is the present petitioner herein. Without going into the merits of the case, this Court is of the view that this Crl.M.C. can be Crl.M.C.No.6253/2014 : 3 :
dismissed with liberty to the petitioner to forward all such claims before the learned Sessions Judge during the hearing under Section 227 Cr.P.C.
With the above observation this Crl.M.C. is dismissed.
Sd/-
B.KEMAL PASHA, JUDGE DSV/06/11