SUDARSANAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are the de facto complainant and co-injured in Crime No.9 of 2006 of Venmoney Police Station, Alappuzha for offences punishable under Sections 143, 147, 148, 149, 447, 324 and 308 of IPC. The second respondent was arrayed as fourth accused in the above case. He did not face trial before the court below. By Annexure C judgment, all the other accused who had faced trial were acquitted by the court. The fourth accused has now approached this court contending that in the light of the acquittal of the remaining accused, the substratum of the case is broken and no purpose will be served in prosecuting the fourth accused.

(2.) Heard the learned Counsel for the petitioner and the learned Government Pleader. It seems that in the course of evidence, all the crucial witnesses turned hostile. PW1 and PW2 only said they were attacked by some persons and could not identify the persons who had attacked them. Having considered the entire facts, I feel that no purpose will be served by prosecuting the second respondent herein any further.

(3.) It is submitted by the learned Government Pleader that to her information, Annexure C judgment was not under challenge in any further proceedings. It seems to have become final. In the light of the above, I am inclined to quash the entire criminal proceedings in LP No. 23 of 2015 of Assistant Sessions Court, Chengannur now pending against the second respondent herein.