VENUS Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is accused in C.C. No.477 of 2010 of the court of learned Judicial First Class Magistrate, Alathur and O.R. No.1 of 2004 of the Nelliyampathi Range.

(2.) Petitioner seeks to quash proceeding against him on the ground that no offence as alleged is made out and that accused 2 to 4 who faced trial are already acquitted for want of evidence. Case against petitioner was refiled as C.C. No.477 of 2010.

(3.) It is alleged that no offence as alleged is made out against petitioner. But I must bear in mind that accused 2 to 4 faced trial and of course were acquitted for want of evidence. That is no ground to quash proceedings against petitioner. Petitioner was not available for trial along with accused 2 to 4. Final report was filed on 15.07.2007 and this petition is filed only after about three and half years after accused 2 to 4 were acquitted.