ABBAS Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER was the 5th accused in C. C. 315 of 1998 on the file of the Judicial First Class Magistrate Court, tirur. There were altogether seven accused. When the case was taken up for trial, the 5th accused was absconding and, therefore, his case, along with that of the 6th accused, who was also absconding, was split up. The trial against the other accused was proceeded with and, as per judgment dated 19-8-2000, the learned Magistrate acquitted those accused (A1 to A4 and A7), who faced trial, on the ground that none of the prosecution witnesses had supported the prosecution case, as all of them had turned hostile. The 5th accused has, therefore, came up before this Court with the present petition, praying to quash the proceedings pending against him as C. C. 999 of 2000 of the same court, contending that no useful purpose would be served by proceeding against him, as all the prosecution witnesses have already turned hostile and did not identify any of the accused persons, who have allegedly committed the offences punishable under S. 143, 147, 148, 341, 448, 427 and 506 (ii) IPC read with S. 149 ipc.

(2.) HEARD learned counsel for the petitioner as well as the learned Public Prosecutor. Counsel for the petitioner relied on the decision of the Supreme Court reported in Mahendra Lal Das v. State of Bihar (AIR 2001 SC 2989) and submitted that permitting further prosecution would be the travesty of justice and a mere ritual or formality so far as the prosecution agency is concerned, and unnecessary burden as regards the Courts.