MUHAMMED RAFI Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER was the eighth accused inC.P.No. 60/2000 onthefile ofJudicialFirstClass Magistrate's Court-II, Palakkad.As petitioner and accused 9, 11 and 20 were absconding, case against them was split up and re-filed as C.P.No.7/2003. Case against accused 1 to 7, 10, 12 to 19 and 21 to 27 was committed to the Sessions Court. It was taken on file as S.C.No.98/2003 and madeover to the Principal Assistant Sessions Court, Palakkad for trial.By Annexure-A21 judgment, those accused were acquitted. When presence of the petitioner was procured later, case against him was committed to the Sessions Court. It is now pending as S.C.No.532/2009 before Principal Assistant Sessions Court, Palakkad. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings pending against him contending that in view of Annexure-A21 judgment, whereunder twenty three accused were already acquitted, even if petitioner is to be tried, there is no likelihood of a successful prosecution and it would result only in unnecessary waste of valuable time of the court and therefore, the case is to be quashed.

(2.) LEARNED counsel appearing for the petitioner and learned Public prosecutor were heard.