LATHEEF Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) THIS is an application filed by the petitioner who is the sole accused in S.C. 53/2014 now pending before Additional Sessions Court, Vadakara to quash the proceedings on the basis of acquittal of co -accused under section 482 of Code of Criminal Procedure.

(2.) IT is alleged in the petition that the petitioner has been arrayed as first accused alleging offences under sections 3 and 5 of Explosive Substances Act. Crime was registered as a suo motu case, as Crime No. 111/2002 of Valayam Police Station, on the basis of the report of the Sub Inspector of Police of that Police Station against the petitioner and three others, alleging commission of the above said offences and after investigation, final report was filed and the case was committed to the Court of Sessions, Kozhikode, where it was originally taken on file as S.C. 4/2006 and thereafter it was made over to Additional Sessions Court, Vadakara for disposal. There, only the second accused appeared and after trial he was acquitted by the Additional Sessions Judge as per Annexure 3 judgment. Thereafter, accused nos. 3 and 4 also appeared and the case against them was refiled as S.C. No. 79/2009 and after trial, they were also acquitted as per Annexure 4 judgment.

(3.) HEARD the counsel for the petitioner and learned Public Prosecutor.