RAJESH Vs. SREEDEVI

JUDGEMENT

(1.) The petitioner is the third accused in Crime No.838 of 2012 of Pangode Police Station registered for offences punishable under Sections 447, 323, 325 and 354 read with Section 34 of the Indian Penal Code. There were altogether four accused in the case. When summons was issued on the final report, the petitioner did not appear when the court issued summons on the final report. Consequently, the case against the petitioner was split up and the remaining accused, viz, accused Nos.1, 2 and 4 were tried and acquitted by the court in terms of Annexure - G judgment. The case against the petitioner is now pending trial in C.C No.1276 of 2019 on the file of the Judicial First Class Magistrate Court - II, Nedumangad. The case set out by the petitioner in the criminal M.C. is that in the light of Annexure - G judgment, there is absolutely no chance for the conviction of the petitioner, if he is tried in the case. He, therefore seeks orders for quashing the said proceedings.

(2.) Heard the learned counsel for the petitioner as also the learned Public Prosecutor.

(3.) The findings rendered by the court, on the basis of which the remaining accused in the case were acquitted, contained in paragraph 9 of Annexure G judgment read thus: