ABBAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The former petition has been filed by the first accused in Crime No. 284 of 1996 of Nadapurm Police Station which is now pending as S.C. No. 284 of 2011 on the files of the Court of Additional Sessions Judge, Fast Track (Ad hoc II), Kozhikode. The petitioner in the latter petition is the fourth accused in the said crime which is now pending before the same court as S.C. No. 411 of 2011. The aforesaid crime was registered against the petitioners and three others alleging commission of offences under Sections 3 and 5 of the Explosive Substances Act. Accused Nos. 2, 3 and 5 stood the trial in S.C. No. 460 of 2000 before the same court and they were acquitted as per Annexure B order. The petitioners who are respectively Accused Nos. 1 and 4 were then absconding. Subsequently, they appeared before the trial court and they were enlarged on bail. These petitions have been filed seeking quashment of the final report in Crime No. 284 of 1996 of Nadapurm Police Station (Annexure A in both cases) and all farther proceedings in the aforesaid sessions cases arising out of Crime No. 284 of 1996 of Nadapurm Police Station. I have heard the learned counsel for the petitioners and also the learned Public Prosecutor.

(2.) Evidently, the petitioners' prayer for quashment of the proceedings against them is founded on Annexure B which is the judgment of acquittal in respect of their co-accused viz., Accused Nos. 2, 3 and 5 in the aforesaid crime who stood the trial in S.C. No. 460 of 2000. In the light of the Full Bench decision of this Court in Moosa v. Sub Inspector of Police, 2006 1 KerLT 552 a judgment of acquittal of co-accused would not act as a bar for the subsequent trial of absconding accused. However, a scanning of the said decision would reveal that this Court carved out an exception for the application of the said law laid down therein. It is held:

(3.) In the above circumstances, these Crl. M.Cs. are allowed. Annexure A final report in Crime No, 284 of 1996 of Nadapurm Police Station and all further proceedings pursuant thereto in S.C. No. 284 of 2011 as against the petitioner in Crl. M.C. No. 215 of 2013 and the proceedings in S.C. No. 411 of 2011 as against the petitioner in Crl. M.C. No. 216 of 2013, on the files of the Court of Additional Sessions Judge, Fast Track (Ad hoc II), Kozhikode are hereby quashed.