C P SAINUDEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners were accused 2 and 4 in C.C. No. 339/2004 on the file of Judicial First Class Magistrate's Court, Payyannur. As third accused alone appeared, the case against the other accused was split up and re-filed as C.C. No. 25/2007. Subsequently, when first accused appeared, the case against original accused 2 and 4, Petitioners herein, was split up and re-filed as C.C. No. 624/2009. First accused was tried and by Annexure-A1 judgment, he was acquitted. Petitioner did not appear before the Magistrate. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings pending against them contending that in view of the order of acquittal of accused 1 and 3, it is not in the interest of justice to continue the prosecution.

(2.) Learned Counsel appearing for the Petitioners and learned Public prosecutor were heard.

(3.) As held by the Full Bench of this Court in Moosa v. Sub Inspector of Police, 2006 1 KerLT 552, based on the judgment acquitting a co-accused, an absconding accused is not entitled to get the case against him quashed. Therefore, for the reason that accused 1 and 3 were acquitted after trial, Petitioners, who were the absconding accused, are not entitled to get the case against them quashed.