MUJEEBREHIMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition under Sec. 482 Cr.P.C. has been filed on the basis that the co-accused had been acquitted and thus the proceedings against the petitioner is also liable to be quashed as the very substratum of the case against him is lost.

(2.) The petitioner is the accused No. 5 in C.C. No. 12 of 2005 on the file of the JFCM Court, Nilambur arising from Crime No. 588 of 2004 of Nilambur Police Station, alleging offences punishable under Ss. 143, 147, 148, 323, 324 r/w Sec. 149 of IPC.

(3.) Following the investigation, the final report was filed before the JFCM, Nilambur, and CC No.12 of 2005 was taken on file. In CC No.12 of 2005 accused Nos. 1, 3 and 4 were acquitted by Annexure B Judgment, and the case was split up and refiled as C.C. No. 327 of 2006 before the same Court and later it was transferred to the register of long pending cases as LP No.62 of 2017 and when the 2nd accused surrendered, his case was re-numbered as CC No.96 of 2009 and in that case he was also acquitted.