SAVAD Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused Nos.21 and 24 in C.C.No.497 of 2008 on the files of the Judicial First Class Magistrate Court - II, Perintalmanna. The above case was charge sheeted against the petitioners and 39 others alleging offences punishable under Sections 143, 147, 148, 447, 324 and 427 read with Section 149 of the Indian Penal Code. The petitioners did not appear before the lower court and their case were split up. Some other accused faced trial and they were acquitted as per Annexure-II judgment. Subsequently, the petitioners surrendered before the lower court and their case is renumbered as C.C.No.488 of 2020.

(2.) The contention of the petitioners is that in the light of the acquittal of the co-accused, the substratum of the prosecution case itself is gone and therefore, the continuation of the proceedings against the petitioners alone is an abuse of process of court. The learned counsel relied on the Full Bench decision of this Court in Moosa v. Sub Inspector [2006 (1) KLT 552], wherein it is stated that if the substratum of the prosecution case is shattered by the acquittal of the co-accused, the continuation of the prosecution against the remaining accused also can be quashed by this Court invoking powers under Section 482 of Code of Criminal Procedure.

(3.) Heard the learned Pubic Prosecutor also.