NAJEEB RAHMAN @ KUNHIPPA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner in Crl.M.C No.459/2020 is the original A21 while the petitioner in Crl.M.C No.454/2020 is the original A22 in Crime 85/2007 of Karuvarakundu Police Station, for having allegedly committed offences punishable under Sections 143, 147, 148, 341, 353 r/w Section 149 of the IPC.

(2.) The parent case was taken on the file of the Judicial First Class Court-I, Manjeri as CC No.501/2007 against all accused except A13, A21 and A22 in the crime. Vide judgment at Annexure C, all the accused who faced trial were found not guilty and acquitted. A reading of the judgment indicates that, there was absolutely no evidence regarding the identity of the assailants. The split up case CC No.95/2010 on the file of the same court was taken up and A13 alone appeared. He too was found not guilty for the very same reasons vide Annexure D judgment. Now accused Nos.21 and 22 alone remain to be tried. The case against A21 is pending as CC No.862/2016 while the case against A22 is pending as CC No.317/2018 on the file of the Judicial First Class Magistrate Court-I, Manjeri.

(3.) In view of the acquittal of the remaining co-accused, the substratum of the prosecution had been lost, and proceeding with the trial as against the petitioners would only amount to exercising futility and wastage of judicial time.