HENTRY THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed by the accused numbers 2, 4 and 5 in C.C. No. 505 of 2009 on the file of the Additional Chief Judicial Magistrate Court, Thiruvananthapuram to quash the proceedings under Section 482 of Code of Criminal Procedure.

(2.) It is alleged in the petition that the petitioners arrived as accused numbers 2, 4 and 5 in C.C. No. 505 of 2009 pending before the Additional Chief Judicial Magistrate Court Thiruvananthapuram. The 2nd respondent as complainant filed a private complaint as Annexure A8 before the Additional Chief Judicial Magistrate Court against the 7 accused persons including the petitioners alleging offences under Section 120(b), 192, 193, 196, 463, 464, 468 and 471 of Indian Penal Code. The learned Magistrate forwarded the complaint to the police for investigation under Section 156(3) of Code of Criminal Procedure and Annexure 9 First Information Report was registered as crime No. 260 of 2005 of Vanchiyoor Police Station and after investigation, final report was filed and it was taken on file as C.C. 505 of 2009 and pending before the Additional Chief Judicial Magistrate Court Thiruvananthapuram. In fact, the 1st and 3rd accused who are the main persons according to the complainant responsible for the creation of the document filed Criminal M.C. No. 3673 of 2009 before this Court to quash the proceedings and this Court by order dated 24.7.2013 allowed the application and the case against the accused numbers 1 and 3 was quashed. Since the case against the main accused has been quashed and allegations are not sufficient to attract the offence and complaint itself was filed after the complainant had lost his battle in the civil court, the proceeding with the case is nothing but an abuse of process of Court. So the petitioners have no other remedy, except to approach this Court seeking the following remedies:-

(3.) Though notice was served on the 2nd respondent, he remained absent.