M K MANZOOR Vs. VINOY

JUDGEMENT

(1.) PETITIONER was the fourth accused in C.C.No. 543/2001 on the file of Additional Chief Judicial Magistrate's Court, Thiruvananthapuram. As he was absconding along with the seventh accused, case against them was split up and re-filed as C.C.No. 242/2008. Accused 1 to 3, 5, 6 and 8 to 10 were tried. By Annexure-I judgment, those accused were acquitted. Defacto complainant challenged the order of acquittal before Sessions Court, Thiruvananthapuram in Crl.R.P.No.97/2008.By Annexure-III order, revision was dismissed. This petition is filed under Section 482 of Code of Criminal Procedure contending that when out of the ten accused, eight were already acquitted and the order of acquittal was confirmed in revision, no purpose will be served by directing the petitioner to undergo the ordeal of a trial and therefore, the case is to be quashed.

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

(3.) LEARNED counsel then submitted that presence of the petitioner may be dispensed with for the purpose of claiming discharge under Section 239 of Code of Criminal Procedure.