SHAFI Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a petition filed under S.482 of the Code of Criminal Procedure.

(2.) Bakel Police registered a case against seven identified persons and fifteen unidentified persons, alleging offences punishable under S.143, 147, 148, 323, 324 read with S.149 of the Indian Penal Code. The petitioners who were also arrayed as accused were absconding. Therefore, the case against them was split up. The accused who appeared before Court were acquitted after trial. Now it is the case of the petitioners that there is a finding against unlawful assembly. No appeal or revision has been filed against the acquittal of the other accused. Therefore, it is their contention that the case against them should be quashed.

(3.) The Apex Court in R.P. Kapur v. State of Punjab ( AIR 1960 SC 866 ) held as follows: