ASSAINAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed by the fourth accused in Crime No. 27/2008 of Adhur Police Station and LPC 14/2012 on the file of Additional Sessions Court (Ad- hoc)-II, Kasaragod to quash the proceedings under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code').

(2.) It is alleged in the petition that the petitioner has been arrayed as fourth accused in Crime No. 27/2008 of Adhur Police Station along with other accused persons alleging offences under Sections 143, 147, 148, 308, 353, 427 r/w 149 of the Indian Penal Code. After investigation final report was filed and it was committed on the Court of Sessions, Kasaragod, where it was originally taken on file as SC 58/2009 and made over to Additional Sessions Court (Ad-hoc)-II, Kasaragod for disposal. The petitioner could not appear before the court below during the course of trial. The accused Nos. 1 to 3, 5, 7 to 19, 21, 22, 24, 25, 27, 29 to 31, 23, 28, 26 and 6 have faced the trial and they were acquitted as per Annexure-II judgment and the case against the present petitioner was taken on file as S.C 466/11 and since he did not appear, the case was transferred to the register of long pending cases as LPC 14/2012. Further case against twentieth accused was quashed by this Court as per Annexure-III order in Crl. M.C. 6117/13 and except the petitioner, others were already acquitted. In view of the fact that other accused persons have already been acquitted, no purpose will be served by proceeding with this case and the petition is also entitled to get the benefit of that order of acquittal of other accused persons who faced the trial and the case against him has to be quashed. Since the petitioner has no other remedy to approach this Court seeking the following relief:

(3.) Since the petitioner was shown as absconding accused, as directed by this Court he later surrendered before the Additional Sessions Court (Ad-hoc)-II, Kasaragod and he was granted bail. It is evidenced by the report dated 23.07.2014.