The petitioner was originally the first accused in Crime No.23/2001 of the Kollam East Police Station, registered for the offences punishable under Sections 452, 323 and 324 the Indian Penal Code read with Section 34 of the Indian Penal Code. Later, the final report was filed and the case was taken on file as C.C. No.251/2006 before the Judicial First Class Magistrate's Court-II, Kollam. The petitioner was all along absconding. The case against him was split-up and later entered in the L.P. Register, as L.P. No.325 of 2006. The petitioner has, now come up before this Court with a petition filed under Section 482 of Code of Criminal Procedure, to get the proceedings in L.P. No.325 of 2006, quashed. 2. The ground on which petition is filed is that the trial conducted against accused Nos.2 and 3 in the case ended in an Crl.M.C.6081 of 2014 2 acquittal. That is not at all a ground.
3. Heard the learned counsel for the petitioner. The fact that accused Nos.2 and 3 ended in an acquittal, does not entitle the petitioner to the present relief sought, under 482 of the Code of Criminal Procedure. As a short cut method for getting NBW pending against the present petitioner stayed, it seems that the present petition has been filed. The present petition is not maintainable and is only to be dismissed, and I do so.
In the result, this Crl.M.C. is dismissed. Interim order dated 28.10.2014 is vacated.
Sd/-
B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge