MUJEEB Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS were accused 2 and 5 in C.C.No. 476/2003 on the file of Judicial First Class Magistrate's Court-I, Palakkad. As accused 2, 3 and 5 were absconding, case against them was split up and re-filed as C.C.No.133/2005. Accused 1 and 4 were tried and by Annexure-B judgment, those accused were acquitted. Subsequently, when presence of the third accused was procured, he was tried and by Annexure-B judgment, he was acquitted. The case against accused 2 and 5 was split up and re-filed as C.C.No.180/2009. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case contending that in view of the order of acquittal of the remaining accused and when there is no investigation as provided under Section 4 of Arms Act, prosecution for the offence under Section 20 read with Section 27 of Arms Act is not sustainable and hence, in the interest of justice, the prosecution is to be quashed.

(2.) LEARNED senior counsel appearing for the petitioners and learned Public Prosecutor were heard.