SAIDALAVI Vs. THE STATE OF KERALA

JUDGEMENT

(1.) Crl.M.C. No. 1387/2012 was filed by the 13th accused in Crime No. 375/1995 of Kuttiady police station while Crl.M.C. No. 1222/2013 was filed by the original 10th accused in the same crime for quashing the proceedings on the basis of the order of acquittal passed against the other accused persons under section 482 of the Code of Criminal Procedure.

(2.) The common case of the petitioners in both the cases was that the petitioner in Crl.M.C. No. 1222/2013 was working as a doctor in Portland Hospital at Calicut and the petitioner in Crl.M.C. No. 1387/2012 was working as a doctor in Mercy Hospital at Kondotty. The case of the prosecution was that on 13.12.1995 the original accused 1 and 2 in the crime in furtherance of their common intention to assassinate the accused in Aboobacker murder case had manufactured and carried explosive substances and while handling the same in a careless and negligent manner, an explosion had taken place in a room used by the ladies in the mosque and thereby they sustained injuries and with the help of accused 4 to 7, they were taken to different hospitals and attempted to conceal the crime and accused 8 to 14 in the original crime have concealed the real factum of injuries and did not inform the same to the police and gave treatment and the original first accused died on account of the injuries and thereby all of them have committed the offences punishable under sections 201, 286, 304(A) of the Indian Penal Code and section 9(1)(b) of Explosives Act and sections 3 and 5 of the Explosive Substances Act. Accused 1 to 4, 5 to 9 and 11 appeared on different occasions and the cases against them were committed to the Sessions Court and they were numbered as SC. Nos. 687/2008, 359/2009 and 12/2010 and the case against the 4th accused was committed and numbered as SC. No. 529/2010 on the file of the Sessions Court, Kozhikode respectively and all those cases were made over to Additional Sessions Court (Adhoc-1), Kozhikode for disposal and the learned Additional Sessions Judge by judgments dated 30.8.2010 and 18.3.2011 disposed of those cases by acquitting the accused persons holding that the prosecution has not proved the case against the accused beyond reasonable doubt. Since the petitioners in both the cases did not appear, the case against them was split up and refiled and after taking coercive steps, since their presence could not be procured, the same was transferred to long pending cases as L.P. No. 136/2010. Since the substratum of the prosecution case has been shattered and the main accused were already acquitted by the court below, no purpose will be served by proceeding with the case against the petitioners in both the cases, who are doctors and gave only first aid and the injured (accused 1 and 2 in the original First Information Report) were referred to Medical College Hospital. Thereafter, the original first accused in the crime died later. So according to them, no purpose will be served by proceeding with the case against them and they are entitled to get the benefit of the judgments and so they have no other option except to approach this Court seeking the following reliefs:

(3.) Heard the learned counsel appearing for the petitioners in both the cases and the learned Public Prosecutor.